RFQ Taxi Services DEC 2023.pdf
PDF 2 MB Posted
- Attached to
- Taxi Services for US Mission, France
- Solicitation number
- 19FR6324Q0003
- Issued by
-
Department of State US Embassy Paris
About this file
This document is a solicitation for taxi services issued by the Department of State for its US Embassy in Paris, France. The solicitation seeks offers for an indefinite delivery, indefinite quantity contract to provide taxi services in Paris and other major cities in France such as Strasbourg, Rennes, Lyon, and Marseille. The base period of performance is one year with two optional one-year extensions. Offerors must submit pricing for taxi fares based on rates set by local authorities as well as fees for annual subscriptions, individual rides, driver expenses, and wait times. The closing date for submissions is January 8, 2024. The solicitation includes standard federal clauses on ordering, subcontracting, option periods, and availability of funds.
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| Question and Answers Taxis DEC 20 2023.pdf | ||
| Letter Taxi Services December 2023.pdf |
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DECTABLE OF CONTENTS
Section 1 - The Schedule
• SF 1449 cover sheet
• Continuation To SF-1449, RFQ Number 19FR6324Q0003, Prices, Block 23
• Continuation To SF-1449, RFQ Number 19FR6324Q0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
Section 2 - Contract Clauses
• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
• Solicitation Provisions
• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
• Evaluation Factors
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Representations and Certifications
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
19FR6324Q0003
6. SOLICITATION ISSUE
DATE
December 7, 2023,
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MR. JC ROYER
b. TELEPHONE NUMBER(No collect calls)
33-1 43 12 24 61
8. OFFER DUE DATE/ LOCAL
TIME: January 8, 2024
4.00PM
9. ISSUED BY
CODE
10. THIS ACQUISITION IS UNRESTRICTED
SET ASIDE:____ %
CONTRACTS OFFICE, A M-8
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
AMERICAN EMBASSY
2 AVENUE GABRIEL
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
75008 PARIS SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
EDWOSB
8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB
DESTINAT-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15 DELIVER TO CODE 16 ADMINISTERED BY CODE
CONTRACTS OFFICE, A M-8
AMERICAN EMBASSY
2 AVENUE GABRIE -75008 PARIS
If hand-delivered, please take to 16 Ave Gabriel – 75008 Paris
17a. CONTRACTOR/
OFFERER
CODE FACILITY
18a. PAYMENT WILL BE MADE BY
FINANCIAL MANAGMENT OFFICE -
VOUCHER/DBO
AMERICAN EMBASSY
2 AVENUE GABRIEL
75382 PARIS 08
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
TAXI SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE
ATTACHED ADDENDA
ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
ADDENDA
ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON
ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED
____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
Prashant R. Hemady
31c. DATE SIGNED
PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER
NUMBER
35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT 37. CHECK
NUMBER
PARTIA
FINA
38. S/R ACCOUNT NO.
39. S/R VOUCHER
NO.
40. PAID BY
41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING
41C. DATE
42b. RECEIVED AT (Location)
42c DATE REC’D
42d TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
19FR6324Q0003, Taxi Services
JCR
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER 19FR6324Q0003
PRICES, BLOCK 23
I. PERFORMANCE WORK STATEMENT
A. The Contractor shall provide taxi services for the use of US Mission to France personnel, in the cities of (including but not limited to Paris, Strasbourg, Rennes, Lyon, Marseille and Bordeaux, in accordance with the performance work statement, the price schedule below and the rates mandated by the relevant Prefectures de Police of each administrative department in France.
B. The contract is an indefinite-delivery and indefinite-quantity type and will be for a base year with two option years from the date of the contract award.
II PRICING
A. General:
(a) The Contractor shall provide taxi services at the rates shown below.
(b) The quantities in sub-paragraph B. are estimates only and are not guaranteed by this contract. See B.II.5 below for contractual minimum and maximum quantities.
(c) The Government may issue orders for each service within the rates designated.
(d) The Government will make payment in local currency (Euro)
B. Price Schedule
The Contractor shall be paid at the prices established by this contract, which are based on rates established by the Prefectures de Police of each administrative department in France. The rates for taxi service in each department may be adjusted by the governing Prefecture de Police of the relevant department at any time during this contract. The Contractor shall provide the Government with a copy of the pertinent Prefecture resolution at least three working days
JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010 NOTICE:
UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO THIS
PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C.
5000C.
before the new rates go into effect. Contract prices shall not be adjusted due to variations in the Contractor’s direct or indirect costs.
The contract rates shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, taxi, drivers, communication equipment, and all vehicle operation expenses, including but not limited to fuel, oil, all other maintenance and insurance of such vehicles.
II.1 - BASE YEAR
CLIN 0001. The amount is estimated by the US Government as the total estimated annual amount expended on taxi trips based on the taxi fare schedules set by the relevant Prefectures de Police of each administrative Department in France. The offeror is not required to fill in anything as the US Government has already filled in this field with a bulk estimated amount. Please note this amount is not subject to VAT.
CLIN 00002. Yearly subscription: The annual subscription cost for access to the vendor’s taxi services platform.
CLIN 00003. Calls/Requests. Each taxi trip shall be requested either by telephone service, internet platform or an application that can be uploaded to a mobile phone and shall be priced on a unitary cost per call/request.
CLIN 00004. Mandatory driver’s fees for each trip: The unit cost for the driver’s expenses including tips and other individual expenses per trip.
CLIN 00005. Driver waiting fees: The unit cost per minute to be paid if the driver is obliged to wait for the client for more than 10 minutes. This cost shall come into effect only after a 10-minute waiting period is used up.
Contract Line Item Nr. Services
Unit Cost w/o VAT
Estimated Annual
Quantities Estimated Price in Euros VAT in Euros
Estimated Annual Price in Euros with
VAT
Estimated Total Amount for Taxi Trips Per Year In Accordance With Official N/A N/A 370,000 € N/A 370,000.00 €
0002 Yearly Subscription 1
0003 Calls/Requests 12000
0004 Mandatory Drivers Fees Per Trip 12000
Driver Waiting fees (starting after 10 minutes) 5000
ESTIMATED TOTAL ANNUAL PRICE IN EUROS WITH VAT
II.2 - FIRST OPTION YEAR
expended on taxi trips based on the taxi fare schedules set by the relevant Prefectures de Police of each administrative Department in France. The offeror is not required to fill in anything as the US Government has already filled in this field with a bulk estimated amount. Please note this amount is not subject to VAT.
CLIN 00002. Yearly subscription: The annual subscription cost for access to the vendor’s taxi services platform.
CLIN 00003. Calls/Requests. Each taxi trip shall be requested either by telephone service, internet platform or an application that can be uploaded to a mobile phone and shall be priced on a unitary cost per call/request.
CLIN 00004. Mandatory driver’s fees for each trip: The unit cost for the driver’s expenses including tips and other individual expenses per trip.
CLIN 00005. Driver waiting fees: The unit cost per minute to be paid if the driver is obliged to wait for the client for more than 10 minutes. This cost shall come into effect only after a 10-minute waiting
Item Nr. Services
Unit Cost w/o VAT
Estimated Annual
Quantities Estimated Price in Euros VAT in Euros
Estimated Annual Price in Euros with
VAT
Estimated Total Amount for Taxi Trips Per Year In Accordance With Official N/A N/A 370,000 € N/A 370,000.00 €
0002 Yearly Subscription 1
0003 Calls/Requests 12000
0004 Mandatory Drivers Fees Per Trip 12000
Driver Waiting fees (starting after 10
II.3 - SECOND OPTION YEAR
expended on taxi trips based on the taxi fare schedules set by the relevant Prefectures de Police of each administrative Department in France. The offeror is not required to fill in anything as the US Government has already filled in this field with a bulk estimated amount. Please note this amount is not subject to VAT.
CLIN 00002. Yearly subscription: The annual subscription cost for access to the vendor’s taxi services platform.
CLIN 00003. Calls/Requests. Each taxi trip shall be requested either by telephone service, internet platform or an application that can be uploaded to a mobile phone and shall be priced on a unitary cost per call/request.
CLIN 00004. Mandatory driver’s fees for each trip: The unit cost for the driver’s expenses including tips and other individual expenses per trip.
CLIN 00005. Driver waiting fees: The unit cost per minute to be paid if the driver is obliged to wait for the client for more than 10 minutes. This cost shall come into effect only after a 10-minute waiting
II.4 - GRAND TOTAL IN EUROS ALL TAXES INCLUDED
Base year Option year one (1) Option year two (2)
GRAND TOTAL - Base plus all option years
Item Nr. Services
Unit Cost w/o VAT
Estimated Annual
Quantities Estimated Price in Euros VAT in Euros
Estimated Annual Price in Euros with
VAT
Estimated Total Amount for Taxi Trips Per Year In Accordance With Official N/A N/A 370,000 € N/A 370,000.00 €
0002 Yearly Subscription 1
0003 Calls/Requests 12000
0004 Mandatory Drivers Fees Per Trip 12000
Driver Waiting fees (starting after 10
II.5 CONTRACT MINIMUM AND MAXIMUM AMOUNTS
During the base year and two option year contract periods, the Government shall place orders for a minimum of €1,000.00. This reflects the contract minimum for the total period of performance.
During the base year and two option year contract periods, the amount of all orders shall not exceed €1,542,000.00. This reflects the contract maximum for the total period of performance.
QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work Paragraphs
Performance Threshold
Services.
Performs all insurance services set forth in the scope of work.
Paragraph 1 thru 6
All required services are performed and no more than one (1) customer complaint is received per month.
CONTINUATION TO SF-1449
RFQ NUMBER 19FR6324Q0003
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. GENERAL
The Contractor shall provide passenger taxi services for the use of the US Mission to France personnel.
The Contractor shall provide all managerial, administrative, direct labor personnel, taxi, drivers, communication equipment, all running expenses (i.e., fuel, oil, etc.) including all servicing and insurance of such vehicles that are necessary to accomplish all work required by this contract.
2. DEFINITIONS
“Calendar Day” means the twenty-four-hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.
"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.
"Government" means the Government of the United States of America unless specifically stated otherwise.
“Services” means the services performed, workmanship, and equipment furnished or utilized in the performance of the services.
3. MANAGEMENT
3.1 Requests for Taxi Services
The contractor shall provide three platforms for Embassy callers to call or reserve taxis i.e., a telephone service, an internet platform and an application that can be uploaded to a mobile phone: The phone application shall be linked to an Embassy account for each caller and all authorized Embassy callers may order taxi services as needed for official requirements only. The authorized caller shall place the order at the time the Government’s need for the service arises. The caller will communicate the time and location where the vehicle is required. The Contractor shall provide the relevant information of the vehicle (plate number, color and make and model of the vehicle) to the Embassy caller before providing the service.
The COR and their delegees shall be granted administrator functions and will be responsible for loading authorized users and removing departing users from the account. Access to the account shall authorize approved users to make calls or requests upon the contract on an as-needed basis.
3.2 Level of service
The Contractor shall be available to perform the services required by this contract 24 hours per day and 7 days per week. The taxi shall be available to pick up passengers as directed by the requester within 10 minutes from the request call. Under special circumstances, waiting times may be prolonged up to 20 minutes depending on the traffic. However, when placing a call for a taxi, the user shall be informed about the approximate taxi arrival time or waiting time. The highest volume of requirements shall be in the Paris, Ile de France region and the Contractor shall have a fleet of at least 5,000 taxis in this area.
The Contractor shall provide a booking service for any destination up to 24 working hours in advance.
3.3 Project Manager
The Contractor shall designate a Project Manager who shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, ensuring a smooth and effective operation. The Contractor’s Project Manager and telephone number are:
Project Manager: _________________________
Telephone Number: _______________________
3.4 Security Requirements
The Contractor shall ensure that the name of the US EMBASSY will not appear on the driver’s screen when accepting the trip or when giving the receipt to the Embassy employee.
3.5 Taxi Service Receipts
Upon completion of a trip, the Contractor will provide a detailed receipt with the following information, either printed or available in the digital application:
- Driver’s name,
- Taxi code,
- First name and office of the passenger,
- To and from destination,
- Date,
- Time
- Price of the trip.
This receipt should allow cross-reference of individual trips with the detailed monthly invoice.
4. COMMUNICATION EQUIPMENT
The Contractor shall have available a dedicated telephone number with English assistance for the Embassy service requests. The Contractor shall maintain a log of all Embassy phone requests.
The Contractor shall provide two-way communication equipment (such as radios, cellular phones or pagers) which will be available for use by the driver at all times during the shift.
5. TAXI SERVICES IN FRANCE
Taxi services to be provided under this contact shall be in accordance with all applicable laws and regulations as required by the French Ministry of Transport.
5.1 Personnel
The Contractor shall provide qualified taxi drivers. Drivers employed to perform services shall be experienced and competent in the performance of such services, and shall possess the certificate “Certificat de Capacite Professionnelle de Conducteur de Taxi” (certificate of professional capacity) and a public liability insurance. The Contractor shall verify that each taxi driver possesses a “Casier Judiciaire Vierge” (clean police record).
5.3 Safety Requirements
Each taxi driver shall have a basic first aid certificate. Each vehicle shall contain all mandatory safety equipment and be checked annually by the Prefecture de Police of the relevant administrative department.
5. 4 Vehicle Requirements
All vehicles provided under this contract shall be subject to a “Controle technique annuel obligatoire” (obligatory annual technical inspection) by the Prefecture de Police of the relevant administrative department. Each vehicle shall be insured in accordance with French legal requirements.
6. DATABASE REQUIREMENTS AND ACCESS
The contractor shall provide access to the COR and authorized callers to a database. This database shall allow the COR to download reports and invoices on services ordered under this contract. The Contractor shall keep records of all trips taken during an annual contract period for at least 12 months after expiration of the annual contract period.
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) is incorporated by reference. (See SF-1449, BLOCK 27A)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (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].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (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).
_X_ (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 (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
__ (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)(15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)
(15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (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 offthe-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (44)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (45)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (47)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (51)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (52)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (53)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (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 (NOV 2023) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
_X_ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (67)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab 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 (Sep 2023) (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 (Dec 2023). 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. (Eov 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).
(H) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.
(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. 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 (NOV 2023). 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.
https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/12.301#FAR_12_301 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(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 and Other Covered Entities (DEC 2023)) (Pub. L. 115-390, title II).
(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) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.
(H) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(I) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(J) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(K) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(L) 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.
(M) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(N) __ (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/19.702#FAR_19_702 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50
__ (2) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(O) 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).
(P) 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).
(Q) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).
(R) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(S) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(T)__ (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (JAN 2017) of 52.224-3.
(U) 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).
(V) 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.
(W) 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.
(X) 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.
Add the following clause in full text:
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC
2023)
(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or https://www.acquisition.gov/far/52.222-50#FAR_52_222_50…
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