SF1449-SP451020Q1003 SOLICITATION PORT TRUCK SCALE 20 APR 2020.pdf
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- Attached to
- PORTABLE TRUCK SCALES (SALES & SERVICE)
- Solicitation number
- SP4510-20-Q-1003
- Issued by
-
Defense Logistics Agency
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| PROPOSAL PACKAGE SP4510-20-Q-1003 20 APR 20.pdf |
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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
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SP4510-20-Q-1003
PAGE 3 OF 20 PAGES
STATEMENT OF WORK (SOW) for Wireless Portable Truck Scales
Requirement:
DLA DISPOSITION SERVICES is soliciting requests for proposals (RFP) to issue one or more Blanket Purchase Agreements (BPA)for Portable Truck Axle Scale Systems, components, parts and maintenance service (for calibration and repair at contractor’s facility). This solicitation is a 100% small business set aside under NAICS 333997. The proposal shall be for an [INTERCOMP AX900 Axle Scale System- Brand Name], OR EQUIVALENT, as listed below. The Government will only consider proposals for new equipment. Proposals from distributors acting as manufacturer’s agent shall be accepted. The contract term shall be up to 3 years (ONE Year Base, and TWO 1 Year Option Periods).
Maximum Value:
The maximum value of the BPA shall not exceed $695,000 over three years.
General:
The weighing system shall be suitable for outdoor use, easy to use, maintain and repair. It shall be durable, reliable, and free of defects affecting performance, strength and safety. It shall be complete when installed, including all items needed to weigh vehicles. The freight packaging shall protect components in long term outdoor storage (2 year minimum).
Wireless Scale:
The machine shall meet the following minimum salient characteristics:
Accuracy:
1% of Applied Weight.
Current/Valid NTEP Approved:
The system (indicator and axle scale) shall be NTEP certified to Class IV nMax 1200 divisions and Indicator to Class III showing both indicator and scale as tested and approved as a system. NTEP Certificate shall show deck size demonstrating each pair consists of 5.5’ x 32” sections allowing split weighing of axle groups at an approved capacity of 60,000 pounds (LBS.) per 50 pound (LBS.) division. The NTEP Certificate must be submitted with proposal response.
Components:
One System 11’ft. (2-pair of 2 Channel) (4-5.5’) platform/axle scales, with digital cable & wireless output.
CPU capable of communicating with scales in cabled and wireless modes with built-in printer & memory record storage. Digital cabling with quick disconnect connectors.
Axle Scale:
Platform/Axle Scale. Height of each deck shall not exceed 3.6 inches nor shall the Width be less than 32 inches. The deck shall be of lightweight aluminum with diamond tread plate surface construction for non-skid traction purposes. Ramps shall be affixed to each end of each deck, shall be easily detachable, and be no more than 18”-inches in length. The scale shall withstand up to a 50% overload with no change in calibration and 100% overload with no damage.
Platform/Axle Scale:
Height of each deck shall not exceed 3.6 inches nor shall the width be less than 32 inches. The deck shall be of lightweight aluminum with diamond tread plate surface construction for non-skid traction purposes. Ramps shall be affixed to each end of each deck, shall be easily detachable, and be no more than 18”-inches in length. The scale shall withstand up to a 50% overload with no change in calibration and 100% overload with no damage.
Load Cell:
Each platform/axle scale shall use four (4) - solid state fully electronic shear beam Type load cells; NTEP certified to 5,000 divisions by National Institute of Standards and Technologies. The load cells shall be hermetically sealed and of stainless steel construction for environmental protection. The load cells shall be commercially available. Any scale using proprietary, mechanical or hydraulically actuated electronic load cells will not be accepted. The load cells of each 5.5’ platform/axle scale shall be summed to provide one digital output signal. The one output signal shall be digital to enable any of the systems’ cables or indicators to be connected to the scale without having to perform calibration.
Cables:
To minimize the amount and distance, two 15 ft. digital interface cables shall connect the platforms/axle scales. One 50 ft. digital interface cables shall connect the platforms/decks to the CPU/indicator. Quick disconnect metallic connectors and cables are to be interchangeable with any system of the same make and model without requiring calibration.
Digital Input CPU:
Shall communicate with the decks and serve as a means of displaying, printing, and/or saving weighing records. The CPU/indicator shall communicate with the deck scales via a digital cabled or wireless signal. Analog signals will not be accepted. The indicator is to be interchangeable with any scale or system of the same make and model without requiring calibration. At a minimum, the CPU/indicator functions should include on/off, zero, clear, axle accumulation, screen adjust, back light, low battery indicator, reset, and time and date. The CPU/indicator shall be capable of saving records, and provide RS232 and USB outputs for interface to computer or a remote display, and download saved records to a USB flash drive.
Manuals in digital and paper copy:
Operators Guide and Maintenance and Service Manuals (1 digital and 2 hard copy) per portable scale order.
Equipment Warranty:
This equipment shall come with the manufacturer’s standard equipment warranty, with a ONE YEAR MINIMUM which begins after Gov’t’s acceptance of delivery.
CONTINUED ON NEXT PAGE
PAGE 4 OF 20 PAGES
Freight/ Shipping:
PLEASE SEE QUOTATION RESPONSE PACKAGE.
Delivery/performance timeframes:
The contractor must provide at least 14 calendar days advance notice to the Site POC before rendering services at the site(s).
The delivery to be performed under this contract will be performed during normal government working days, Monday through Friday. Delivery shall not be on scheduled by the contractor to be performed on a regular federal holiday (see below), designated by Presidential proclamation, or DLA, Disposition Services Closure, rescheduling shall be at the discretion of the Site Manager or Mitchell.Ellis@dla.mil,Timothy.Zweng@DLA.mil.
New Year’s Day----------------------1 January* Martin Luther King's Birthday-----3rd Monday in January Presidents Day-----------------------3rd Monday in February Memorial Day-------------------------Last Monday in May Independence Day------------------4 July* Labor Day-----------------------------1st Monday in September
Columbus Day------------------------2nd Monday in October Veterans Day-------------------------11 November* Thanksgiving Day--------------------4th Thursday in November Christmas Day------------------------25 December*
* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.
Clean Up Premises:
Upon completion of the work, the contractor (or sub-contractor, to include contractor’s freight carrier) is required to clean up work space and remove and dispose of any parts or debris resulting from the contractor’s performance, with any associated costs included in existing CLIN prices.
Protection to Public and Property:
In order to provide for environmental abatement and control and to prevent environmental pollution arising from the delivery of supplies in this contract, the contractor shall comply with applicable federal, state and local laws and regulations concerning environmental pollution abatement and control currently in effect and all applicable DLA, Disposition Services Fire, Safety, Security and Environmental Protection Regulations.
The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable federal, DoD, state, local and host installation laws, safety regulations and procedures, and Contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The contractor shall ensure that its agents, employees and subcontractors involved in handling and packaging wastes are trained to the level of expertise required for the proper performance of the tasks and in particular, in the areas of chemical compatibility, safety, general first aid procedures and spills. Personal protective equipment shall be provided by the Contractor and must be appropriate for the task. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Host Installation Property.
The Contractor shall assume full responsibility and liability for compliance with all applicable local, state federal, and DoD regulations pertaining to the health and safety of personnel and environmental management during the execution of work. All work shall be completed and performed in accordance with the best practices of the trade and in compliance with all-applicable federal, DoD, state and local codes.
The contractor shall take all necessary precautions to prevent injury to the public, building occupants, and/or damage to property of others.
Installation/Site access security requirements:
Installation/site access requirements vary for visitor badges and other access/security procedures for performing contractor services at the sites. The contractor is required to coordinate with the Government POC on the task order to obtain the necessary security/access procedures prior to commencing work at the site, and in such time as the performance timeframe for completion of delivery. If coordination and/or access is delayed by the Government such that delivery timeframes cannot be met, the contractor must submit, in writing, their proposed reasons, including any supporting evidence, prior to the original due date of the task order such that an extension can be granted, if appropriate.
Identification of Employees:
The contractor shall be responsible for furnishing to each of their employees’ identification as may be required by the installation where the services are performed. Contractor will require each of their employees engaged on the work site to display such identification as directed by the appropriate installation.
All prescribed identification shall be delivered to the POC for cancellation upon the release of any employee.
Standards of conduct:
All personnel employed by the contractor in the performance of this contract or any representative of the contractor entering DLA Disposition Services compound/facilities, shall obey all regulations of the installation and will be subject to surveillance to ensure that no violations occur. The contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and taking such disciplinary actions with respect to contractor employees as may be necessary. The contractor shall ensure that all personnel employed in the performance of this contract shall be United States citizens; or non-United States citizens who legally reside in the United States. No contractor employee will be permitted on DLA Disposition Services sites when investigation reveals employee’s presence would be detrimental to the security of the installation or to the accomplishment of the work prescribed. The Government reserves the right to refuse to permit any contractor employee to perform services under this contract who is not in compliance with requirements of this contract (for example, employees not meeting stated minimum qualifications). In such cases, the CO/COR will advise the contractor of the reason for requesting an employee’s removal or withdrawal of authorization to enter DLA Disposition Services sites.
PAGE 5 OF 20 PAGES
Disorderly conduct Disorderly conduct, such as use of abusive or offensive language, quarreling, intimidation by works or actions, or fighting will not be condoned. Contractor employees shall not participate in disruptive activities which interfere with normal and efficient Government operations.
Intoxicants:
The contractor shall not allow any employees, while on DLA Disposition Services sites to possess, sell, consume, or be under the influence of intoxicants, illicit drugs, or any other incapacitating agent which produces similar effects.
The CO/POC shall require the contractor to remove from the job site, any contractor employee found under the influence of intoxicants, illicit drugs, or incapacitating agent during his tour of duty.
Criminal Actions:
Contractor employees shall be subject to prosecution for criminal actions. These shall include, but are not limited to, the following:
Falsification, unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omission from official documents or records.
Theft, vandalism, immoral conduct, or unauthorized use of Government property. Unethical or improper use of official authority or credentials.
Misuse of weapons, including possession of weapons/ firearms on Federal Property.
Violations of State laws, such as traffic offenses, which have been assimilated and are enforced through the U.S. Magistrate Court System.
The contractor’s employees shall be on DLA Disposition Services premises only for contractual duties and not for other non-contractual purposes.
Personal Protective Equipment (PPE):
The contractor shall be responsible for equipping their personnel with the proper PPE required to safely provide services required. PPE is defined as equipment and supplies to protect the human body, inside and out, from harm / injury / illness occurring in line with contracted services provided. PPE may include, but is not limited to: Goggles, ANSI approved Safety Toe Boots, Leather Gloves, Hearing Protection, Face Masks (dust).
SP4510-19-P-0005
PAGE 6 OF 20 PAGES
CLINS (READ SUBMISSION INSTRUCTIONS- CLIN STRUCTURE BELOW REFLECTS CONTRACT STRUCTURE)
BASE YEAR:
ITEM NUMBER DESCRIPTION QTY UNIT UNIT PRICE AMOUNT FOB
0001 INTERCOMP AX900 Axle Scale System 1 EA $XX.XX $XX.XX DESTINATION3 (or Equivalent)1 FFP2
0002 Scale System Components XX.XX EA $1.00 $XX DESTINATION3 (Price from submitted price list)4 FFP
0003 BILLABLE LABOR RATE FOR MAINTENANCE XX.XX HR $XX.XX $XX ORIGIN6
(Performed at Contractor’s Repair Shop) T&M5
0004 REPAIR PARTS XX.XX EA $1.00 $XX ORIGIN6
(Performed at Contractor’s Repair Shop T&M6 as priced from submitted price list)
FIRST OPTION YEAR:
1001 INTERCOMP AX900 Axle Scale System 1 EA $XX.XX $XX.XX DESTINATION3 (or Equivalent)1 FFP2
1002 Scale System Components XX.XX EA $XX $XX DESTINATION3
1003 BILLABLE LABOR RATE FOR MAINTENANCE XX.XX HR $XX.XX $XX ORIGIN6
1004 REPAIR PARTS XX.XX EA $1.00 $XX ORIGIN6
SECOND OPTION YEAR:
2001 INTERCOMP AX900 Axle Scale System 1 EA $XX.XX $XX.XX DESTINATION3 (or Equivalent)1 FFP2
2002 Scale System Components XX.XX EA $XX $XX DESTINATION3
2003 BILLABLE LABOR RATE FOR MAINTENANCE XX.XX HR $XX.XX $XX ORIGIN6
2004 REPAIR PARTS XX.XX EA $1.00 $XX ORIGIN6
Foot Notes:
1- COMPLETE SCALE SYSTEM- (i.e.-COMPLETE BILL OF MATERIAL). UNIT PRICE shall reflect the price for all components plus freight. Freight/ components not separately priced.
2- FIRM FIXED PRICE.
3- Contractor pays freight charges to customer location in the continental United States (CONUS).
4- Proposal shall include individual price listing for all components in the complete system (ATTACH SEPARATE).
5- Time & Material- Reflects contractor’s billable Hourly Labor Rate Charge. This is a single rate. All repairable components to be will be sent to Contractor as required (Gov’t paid freight).
6- Reflects cost of all repair parts used in repair work at contractor’s location.
PAGE 7 OF 20 PAGES
Form
TECHNICAL REQUIREMENTS
THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN
SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE
WEB AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN
EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF
THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-
ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
Part 12 Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (JAN 2019) FAR
As prescribed in 12.301(b)(4), insert the following clause:
(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 items:
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 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 items:
[Contracting Officer check as appropriate].
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved.
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) Reserved.
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) Reserved http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx
PAGE 8 OF 20 PAGES
Part 12 Clauses (CONTINUED)
X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns
(Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-
Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(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.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(38)(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.
(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41)(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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
PAGE 9 OF 20 PAGES
Part 12 Clauses (CONTINUED)
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).
(47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.
C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) 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 items:
Contracting Officer check as appropriate.
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 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).
(6) 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).
(7) 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).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(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, and does not contain the clause at 52.215-2, Audit
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Part 12 Clauses (CONTINUED) 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 items. 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 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).
(xiv) 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).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
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Part 12 Clauses (CONTINUED)
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 2016) DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR
52.204-22 ALTERNATE LINE ITEM PROPOSAL (JAN 2017) FAR
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY
KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR
As prescribed in 4.2004, insert the following clause:
(a) Definitions. As used in this clause -- Covered article means any hardware, software, or service that --
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means --
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from --
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable;
supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS
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Part 12 Clauses (CONTINUED)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7006 BILLING INSTRUCTIONS (OCT 2005) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR
52.211-6 BRAND NAME OR EQUAL
As prescribed in 11.107(a), insert the following provision:
(a)If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b)To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by-
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER
ANY FEDERAL LAW (FEB 2016) FAR
As prescribed in 9.104-7(d), insert the following provision:
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that --
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that --
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
PAGE 13 OF 20 PAGES
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR
52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) FAR
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)
52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (OCT 2018) FAR As prescribed in 13.302-5(d), insert the following clause:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 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)).
(ii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
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(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be --
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
PAGE 15 OF 20 PAGES
(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition --
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).
(xx) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at…
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