RFQ - W912JD24Q00021 - AV Upgrade.pdf

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Attached to
Audio Visual Equipment Upgrade Federal contract opportunity
Solicitation number
W912JD24Q0021
Issued by
Department of the Army Maine Army National Guard

About this file

This document is a Request for Quotes (RFQ) for an Audio Visual Equipment Upgrade project issued by the United States Property and Fiscal Office (USPFO) of the Maine Army National Guard.

The RFQ has a NAICS code of 238210 - Electrical Contractors and Other Wiring Installation Contractors, with a small business size standard of $19 million. It is a 100% small business set-aside solicitation. The Government intends to award a single firm-fixed-price purchase order for this all-or-none requirement. The Period of Performance is 6 months from the date of award, with an anticipated award date of around September 16, 2024.

The technical evaluation will assess the offeror's proposed solution in terms of cost avoidance, design simplicity, simplicity of user controls, and ease of support. Past performance and price will also be evaluated. Site visits are recommended but not mandatory. Questions are due by August 16, 2024. The Government reserves the right to award multiple contracts or not make an award. Offerors must be registered in the System for Award Management (SAM).

View the file

Other files for this federal contract opportunity

Other files attached to Audio Visual Equipment Upgrade, newest first.
File Type Posted
Amendment 0003 - RFQ - W912JD24Q0021 - 8-21-2024.docx DOCX document
Revised - 2015-4009 - Rev 27 -7-22-2024 - Augusta location - Amendment 0002.txt TXT text file
Revised - Pricing Schedule - W912JD24Q0021 - 8-19-2024 - Amendment 0002.docx DOCX document
REVISED - Performance Work Statement - 8-19-2024 - Amendment 0002.pdf PDF
Site-Visit - Bangor - Redacted - 8-14-2024.pdf PDF
MEMORANDUM FOR RECORD. - SITE-VISIT.pdf PDF
Amendment 0002 - RFQ - W912JD24Q0021 - 8-20-2024.pdf PDF
Site-Visit - Augusta - Redacted - 8-12-2024.pdf PDF
Revised - 2015-4001 - Rev 27 - 7-22-2024 - Bangor Location - Amendment 0002.txt TXT text file
Amendment 0001 - RFQ - W912JD24Q0021.pdf PDF
PWS-AV-Upgrade-7-23-2024.pdf PDF
Bid Sheet.rtf RTF text file
2015-4001 - Rev 26 - 4-19-2024 - Bangor Location.txt TXT text file
CK-Presenter Station.jpg JPG image
RTI-Auditorium.jpg JPG image
RTI-AV Room 2.jpg JPG image
RTI-Podium Front Nonfunctional Touch Control.jpg JPG image
PWS - AV Upgrade - 7-23-2024.docx DOCX document
CK-Back to Front.jpg JPG image
CK-Presenter Camera-HDBaseT.jpg JPG image
CK-Projector and Camera.jpg JPG image
RTI-Auditorium-Presenter Display.jpg JPG image
RTI-AVRack1Top.jpeg JPEG file
RTI-Podium.jpg JPG image
CK-Cabinet Bottom.jpg JPG image
CK-Cabinet Top.jpg JPG image
CK-Front Right.jpg JPG image
CK-Left Rear.jpg JPG image
CK-Mics.jpg JPG image
CK-Projector Connections.jpg JPG image
CK-Right Rear.jpg JPG image
RTI-AV Room.jpg JPG image
RTI-AVRack1BottomRear.jpeg JPEG file
RTI-AVRack2Top.jpeg JPEG file
RTI-AVRack2TopRear.jpeg JPEG file
RTI-Projector.jpg JPG image
RTI-AVRack2BottomRear.jpeg JPEG file
CK-Screen Controls (1).jpg JPG image
CK-Mic Connections.jpg JPG image
2015-4009 - Rev 26-4-19-2024 - Augusta location.txt TXT text file
CK-Cabinet.jpg JPG image
CK-Front to Back.jpg JPG image
CK-Presentor Connections.jpg JPG image
RTI-Auditorium (2).jpg JPG image
RTI-AVRack1Bottom.jpeg JPEG file
RTI-AVRack2MidRear.jpeg JPEG file
RTI-AVRack2Bottom.jpeg JPEG file
RTI-Podium Front.jpg JPG image
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SEE ADDENDUM

(No Collect Calls)

W912JD24Q0021 24-Jul-2024

b. TELEPHONE NUMBER

2074305297

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 21 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912JD9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

THOMAS JOSEPH RYAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012158098

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO ME PURCHASING & CONTRACTING

CAMP KEYES

AUGUSTA ME 04333-0032

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W91D12 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W8A4 MEARNG ELEMENT, JF HQ

W8A4 MEARNG ELEMENT JF HQ

194 WINTROP STREET

AUGUSTA ME 04333-0032

TEL: 2074305603 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912JD24Q0021

Section SF 1449 - CONTINUATION SHEET

52.212-1 ADDENDUM

The NAICS Code for this requirement is 238210, Electrical Contractors and Other Wiring Installation Contactors with a small business size standard of $ 19 Million.

This acquisition is solicited at 100% set-aside under Small Business IAW 19.5 – Set aside for Small Business.

1. The United States Property and Fiscal Office (USPFO) Contacting Office intends to award one Firm Fixed Price purchase order from this Request for Quote (RFQ). This is an all-or-none requirement, and partial quotes will be deemed unresponsive and will not be evaluated. The Government will award a single purchase order to the responsible offeror whose offer conforms to the requirements as stated in the solicitation and is most advantageous to the Government based on the criteria listed in section 52.212-1 and 52.212-2 of the solicitation.

2. Wage Determination: Service Contract Labor Standards (SCLS) are applicable to this acquisition.

Offeror shall use the attached Wage Determination WDs: 2015-4001 (Rev. 26) dated 4-19-2024 for the State of Maine, Penobscot County; and WD 2015-4009 (Rev 26) data 4-19-2024 for Kennebec County.

3. Period of Performance: The Period of Performance is six months from date of award. The anticipated award is on or about 16 September 2024.

4. SAM Registration: Completion of the required FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Offeror must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered vendor.

Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/

5. Amendments: Amendments to this solicitation will be posted at https://sam.gov/content/opportunities Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on Contracting Opportunities, quoters will be notified by email of any new amendments that have been issued. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

6. Basis for Award: The Government intends to award a single purchase order to responsible offeror whose quote represents the best value to the Government, with appropriate consideration given to the three (3) evaluation factors. Technical, Past Performance and Price. The technical includes four (4) sub-factors. (Cost avoidance, Design simplicity, Simplicity of user controls and Ease of support). Commercial and Simplified Acquisition Procedures will be utilized to the max extent in a streamlined evaluation IAW FAR 12.602 and FAR 13.106-2. Award may be made without discussions with offerors. Offerors are cautioned that the award may not necessarily be made to the lowest priced quote. Offerors are cautioned that an unrealistically low price, as proposed initially or subsequently, may be ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the requirement, or he/she made an imprudent offer. Evaluation will be solely on the information included in the quotation.

Therefore, the offerors initial quotation should contain the offerors best terms. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with offerors regarding quote elements.

https://www.sam.gov/portal/public/SAM/

7. Site-Visit: Federal Acquisition Regulation (FAR) Provision 52.237-1: Site Visit (Apr 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A site visit has been arranged in advance of receiving quotes.

Monday, 12 August 2024 at 10:00am EST - Main Entrance - Maine Army National Guard, Camp Keyes, Building #7, 194 Winthrop Street, Augusta, Maine 04330 for the Executive Conference Room.

Wednesday, 14 August 2024 at 11:00amEST - Main Entrance - 240th Regional Training Institute (RTI), 289 Hildreth Street, Building 700, Bangor, Maine. 04401

Site visits are recommended but not mandatory. The Government is NOT responsible for transportation to and from the site visit and these costs are NOT reimbursable.

7.1 If you wish to attend either site visit, please contact Mr. Thomas Ryan at thomas.j.ryan36.civ@army.mil by 12:00 noon on Friday, 9 August 2024 to reserve your place. Please reference ‘RTI and Camp Keyes Executive Conference Room. Site Visit’ in the subject line and included the following information: 1. Full Name and Company Affiliation 2. Contact Information – email, mobile, etc. 3. To gain access to the base a Passport # or Official ID will need to be shown at the time of the site-visit. Please note, we will be limiting access to two people per company.

8. Evaluation will be solely on the information included in the quotation. Therefore, the offerors initial quotation should contain the offerors best terms. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with offerors regarding quote elements.

9. The Government reserves the right to award multiple awards in response to quotes received. The quoters shall price each line separately. Also, the Government reserves the right to not award any contract in response to this solicitation as well.

10. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation and must contain the following. All information shall be confined to the appropriate file. The quoter shall confine submissions to essential matters, sufficient to define the quote in a concise manner, to permit a complete and accurate evaluation of each quote. Each file of the quote shall consist of a Table of Contents.

Proprietary information shall be clearly marked.

11. Part I – Technical: Contractor must submit an explanation of its proposed technical approach in conjunction such a manner as to enable the Government reviewers to make a thorough evaluation and arrive at a sound determination of whether the proposal meets all technical requirements of the solicitation. To this end, the technical proposal should be sufficiently specific, detailed, and complete as to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements set forth in this solicitation.

Sub-Factor 1: Cost avoidance. The proposed solution reutilizes existing operational or repairable equipment that is not obsolete where reutilization of this equipment would result in cost savings. Vendors must provide justification for replacement of operational systems.

mailto:thomas.j.ryan36.civ@army.mil

Sub-Factor 2: Design simplicity. The proposed solution achieves design simplicity by reducing the total number of physical components where practical. Simpler approaches.

Sub-Factor 3: Simplicity of user controls. Priority shall be given to controls which are physical and do not require use of hardware which becomes rapidly obsolete such as tablets with proprietary operating systems.

Sub- Factor 4: Ease of support. Priority shall be given to systems which are plug and play and can be easily supported by Level 1 technicians.

12.Part 2 Past Performance: Include a minimum of two and maximum of three projects summaries in which each demonstrate recent (within the past three years) work experience of this type and/or size to include working with types of operating A/V systems. Referrals may be contacted provide the following format.

Customer Name Contract Number, contract value Description of work.

Point of contract with email address.

12.1. Past performance will be evaluated on a Satisfactory, Neutral and Limited Confidence basis using information from the Supplier Performance Risk System (SPRS) and/or any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS) or other databases.

13.Part 3: The Government will evaluate the price by adding the total of all line items prices. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price. Price will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether the price is reasonable, complete an dare not unbalanced.

14. Submission of Quotes: Each part shall be submitted via email. Changes as a result of quote revisions shall be identified via track changes, including a vertical line on the left margin of the page and date of change. Digital files shall be in Microsoft Word, Excel (viewable in 2013 version) and/or .pdf only.

15. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

16.. The following volumes of material shall be submitted:

PART - TITLE - COPIES OF PAGES LIMITATIONS

Cover Letter Part I – Technical 1 Max 5 Part II – Past Performance 1 Max 5* Part III – Price-Information (SF 1449) Solicitation, Offer and Award Documents

*NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

17. Cover letter: Provide an induction page to include Cage Code, DUNS Number, and Tax Identification Number (TIN). Also include your Small Business Administration (SBA) certification for your socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

17.1 The cover letter submitting shall be signed by an officer of the quoter’s company authorized to commit the company; shall indicate that the quote is valid for 60 calendar days from the date of the solicitation closing; shall identify by name, title, phone number and email any person authorized to negotiate on the quoter’s behalf and should express the extent to the quoter’s commitment to achieve the objectives of the solicitation and comply with the terms and conditions of the contract. Any significant deviations to the contract should be indicated, including one’s reasons. Solicitation shall result in a firm-fixed-price contract.

18. Submittal of Solicitation Questions:

18.1 Questions concerning this RFP or requests for clarification shall be made in writing via email to the Contract Specialist, Thomas J. Ryan II, at . thomas.j.ryan36.civ@army.mil. The due date for questions will be 3:00 PM EDT on Friday, 16 August 2024. As soon as an Offeror is aware of any problems or ambiguities in interpreting the specifications, terms/conditions, instructions or evaluation criteria of this RFQ, the Offeror should promptly notify the Contracting Officer. It is preferred that only one set of questions be submitted by each Offeror instead of multiple sets of questions. When submitting questions and comments, please refer to the specific text of the RFQ in the following format:

Subject: Audio Visual Equipment Upgrade - RFQ No. W912JD-24-Q-0021

19 The Government is not obligated to provide responses to all questions submitted by Offerors, but will consider the responses, consolidate them, and submit responses onto https://sam.gov. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://sam.gov/content/opportunities

19.1 The Government intends to evaluate quotes and award a contract without further communicating with the Offerors.

20. Electronic Invoicing through Procurement Integrated Enterprise Environment (PIEE).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through PIEE. Additional information and registration for PIEE can be completed online at https://wawf.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through PIEE upon satisfactory completion of work and the receipt of a proper certification for payment.

--End of FAR 52.212-1 Addendum – mailto:thomas.j.ryan36.civ@army.mil https://sam.gov/ https://sam.gov/content/opportunities

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-SEP-2024 TO

17-MAR-2025

N/A W8A4 MEARNG ELEMENT, JF HQ

W8A4 MEARNG ELEMENT JF HQ

194 WINTROP STREET

AUGUSTA ME 04333-0032

2074305603 FOB: Destination

W91D12

0002 POP 16-SEP-2024 TO

17-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination W91D12

CLAUSES INCORPORATED BY REFERENCE

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

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

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2024

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

252.225-7048 Export-Controlled Items JUN 2013 252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 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:

(i) Technical

(ii) Past Performance

(iii) Price

IAW FAR 13.106, "Solicitations are not required to state the relative importance assigned to each evaluation factor." The contract will be awarded using Best Value Trade-Off procedures. The trade-off process permits trade-offs among price and non-cost factors and allows USPFO for Maine to consider award to other than the lowest price offeror or other than the highest technically rated offeror. The contract will be awarded to the offeror providing the overall “Best Value” to the Government.

The below ratings and descriptions will be assigned for Technical Approach.

Part 1 Technical: Contractor must submit an explanation of its proposed technical approach in conjunction such a manner as to enable the Government reviewers to make a thorough evaluation and arrive at a sound determination of https://www.sam.gov/ whether the proposal meets all technical requirements of the solicitation. To this end, the technical proposal should be sufficiently specific, detailed, and complete as to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements set forth in this solicitation.

Sub-Factor 1: Cost avoidance. The proposed solution reutilizes existing operational or repairable equipment that is not obsolete where reutilization of this equipment would result in cost savings. Vendors must provide justification for replacement of operational systems.

Sub-Factor 2: Design simplicity. The proposed solution achieves design simplicity by reducing the total number of physical components where practical. Simpler approaches.

Sub-Factor 3: Simplicity of user controls. Priority shall be given to controls which are physical and do not require use of hardware which becomes rapidly obsolete such as tablets with proprietary operating systems.

Sub- Factor 4: Ease of support. Priority shall be given to systems which are plug and play and can be easily supported by Level 1 technicians.

Rating Rating Definition Good Technical approach meets or exceeds requirements, indicates a good approach and understanding of the requirements and offers added value.

Acceptable Technical approach meets requirements and indicates an adequate approach and understanding of the requirements.

Unacceptable

Technical approach does not meet requirements of the solicitation and is not awardable.

Part 2. Past Performance: The Government will evaluate the quote record of past performance relevant to this type of requirement. Quoters shall submit a list of relevant contracts within the past three years including current work.

Past performance will be evaluated on a Satisfactory, Neutral and Limited Confidence basis using information from the Supplier Performance Risk System (SPRS). and/or any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS) or other databases. SPRS generates a risk rating of Red (lowest 5%), Yellow (next 10%), Green (next 70%), Purple (next 10%) or Blue (top 5%). For evaluation purposes, a risk rating of Red or Yellow will be deemed unacceptable. A risk rating of Green, Purple, or Blue will be deemed acceptable. If no information is found, that will be treated as neutral which is considered acceptable. A confidence assessment will be evaluated based on the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Additional references may be submitted by the Contractor with the quote. The past performance relevancy evaluation method is detailed below:

Past performance will be evaluated on a Satisfactory, Neutral and Limited Confidence basis using the information provided and from other government databases. The past performance relevancy evaluation method is detailed below:

Adjectival Rating

Description

Satisfactory Confidence

Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the offeror's recent/relevant performance record, the Government has low expectation the offeror will successfully perform the required effort.

Part 3: Price: The Government will evaluate the price by adding the total of all line item(s) prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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 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.

52.212-5 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).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

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

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

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

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

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

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

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (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. 657s).

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

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

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). (E. O. 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. 552a).

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

X (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).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (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.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (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) (29 U.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) (E.O.

13658).

_____ (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…

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