Sol_140F0922Q0098.pdf
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- MS-THEOD ROOSEVELT NWR-BULK FUEL Federal contract opportunity
- Solicitation number
- 140F0922Q0098
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
FGS
Falls Church VA 22041 5275 Leesburg Pike FWS Goods & Services
0008349827 CODE 16. ADMINISTERED BYCODE
X
X
211130
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORFGS
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/15/2022 1700 ED
08/01/2022
7033582024Tonia Ellen (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140F0922Q0098
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 25 0040584899OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
YAZOO CITY MS 39194-9260
12595 MISSISSIPPI HIGHWAY 149
FWS THEODORE ROOSEVELT NWR COMPLX
15. DELIVER TO
Falls Church VA 22041 5275 Leesburg Pike
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
FWS Goods & Services
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Bulk Fuel for Theodore Roosevelt Complex- FWS
THEODORE ROOSEVELT NWR COMPLX
Tech POC: Brett Moule (601) 431-2063 Alt POC:
Lorri Johnson (334) 687-4065
In accordance with the terms of FAR 12.603:
The U.S. Fish and Wildlife Service has a need for fuel for the operation of facilities.
The Fuel provider must comply with the current
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Tonia Ellen
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
National Fuel Quality Standards and (ASTM)
American Society Testing and Materials.
The government reserves the right to test for compliance of these standards.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation number for this requirement is
140F0922Q0098 and this is a Request For Quote.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 thru
May 26, 2022
The associated NAICS code is 211130
The statement of work is in the attachment entitled Ground/ Vehicle Fuel Delivery for the
Theodore Roosevelt Complex
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
25 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 25
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140F0922Q0098
Delivery locations are:
1) Panther Swamp National Wildlife Refuge (NWR)- Highway Diesel - 12595 MS Highway 149, Yazoo
City, MS 39194- 1000 gallon tank
Unleaded Gasoline- Same address- 1000 gallon tank
2) Yazoo (NWR)- Highway Diesel- 595 Yazoo Refuge Rd, Hollandale, MS 38748- 1000 gallon tank
Off-Road Diesel- Same address- 2000 gallon tank
Unleaded Gasoline- Same address- 2000 gallon tank
3) Morgan Brake(NWR)- Off-Road Diesel- 1562 Providence Rd, Cruger, MS
38924- 6000 gallon tank
Highway Diesel- Same address- 1000 gallon tank
Unleaded Gasoline- Same address- 1000 gallon tank
The provision at 52.212-1, Instructions to
Offerors Commercial, applies to this acquisition and a statement regarding any addenda to the provision.
The provision at 52.212-2, Evaluation Commercial
Items, is applicable.
Award will be based on Lowest Price Technically
Acceptable
Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with its offer, or submit a printout to their Online Reps and Certs.
The clause at 52.212-4, Contract Terms and
Conditions Commercial Items, applies to this acquisition.
The clause at 52.212-5, Contract Terms and
Conditions Required To Implement Statutes or
Executive Orders Commercial Items, applies to this acquisition.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 25
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(A) (B) (C) (D) (E) (F)
140F0922Q0098
Solicitation closes on: August 15, 2022
Quotes are to be submitted by E-Mail ONLY to:Contract Officer, Tonia_ellen@fws.gov
Delivery: 10/02/2023
Period of Performance: 10/03/2022 to 10/02/2023
00010 Bulk Fuel- Base Year
Minimum 350 gallons
Maximum 6,000 gallons
Panther Swamp
Highway Diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
Yazoo
Highway Diesel(1000 gallon tank)
Off Road Diesel (2000 gallon tank)
Unleaded Gasoline (2000 gallon tank)
Morgan Brake
Off-Road Diesel (6000 gallon tank)
Highway diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
01001 Bulk Fuel- Option Year 1
Delivery loads for fuel shall be: Minimum 350 gallons, Maximum 6,000 gallons
Panther Swamp
Highway Diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
Yazoo
Highway Diesel(1000 gallon tank)
Continued ...
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140F0922Q0098
Off Road Diesel (2000 gallon tank)
Unleaded Gasoline (2000 gallon tank)
Morgan Brake
Off-Road Diesel (6000 gallon tank)
Highway diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
(Option Line Item)
10/03/2023
Period of Performance: 10/03/2023 to 10/02/2024
02001 Bulk Fuel- Option Year 2
Delivery loads for fuel shall be: Minimum 350 gallons, Maximum 6,000 gallons
Panther Swamp
Highway Diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
Yazoo
Highway Diesel(1000 gallon tank)
Off Road Diesel (2000 gallon tank)
Unleaded Gasoline (2000 gallon tank)
Morgan Brake
Off-Road Diesel (6000 gallon tank)
Highway diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
(Option Line Item)
10/03/2024
Period of Performance: 10/03/2024 to 10/02/2025
03001 Bulk Fuel- Option Year 3
Delivery loads for fuel shall be: Minimum 350 gallons, Maximum 6,000 gallons
Panther Swamp
Highway Diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
Yazoo
Continued ...
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(A) (B) (C) (D) (E) (F)
140F0922Q0098
Highway Diesel(1000 gallon tank)
Off Road Diesel (2000 gallon tank)
Unleaded Gasoline (2000 gallon tank)
Morgan Brake
Off-Road Diesel (6000 gallon tank)
Highway diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
(Option Line Item)
10/03/2025
Period of Performance: 10/03/2025 to 10/02/2026
04001 Bulk Fuel- Option Year 4
Delivery loads for fuel shall be: Minimum 350 gallons, Maximum 6,000 gallons
Panther Swamp
Highway Diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
Yazoo
Highway Diesel(1000 gallon tank)
Off Road Diesel (2000 gallon tank)
Unleaded Gasoline (2000 gallon tank)
Morgan Brake
Off-Road Diesel (6000 gallon tank)
Highway diesel (1000 gallon tank)
Unleaded Gasoline (1000 gallon tank)
(Option Line Item)
10/03/2026
Period of Performance: 10/03/2026 to 10/02/2027
Statement of Work
Ground/Vehicle Fuel Delivery
Location: Theodore Roosevelt Complex
-Panther Swamp National Wildlife Refuge -Morgan Brake National Wildlife Refuge
-Yazoo National Wildlife Refuge
Continued ...
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140F0922Q0098
1.0 General Information
The Fish and Wildlife Service (FWS) requires fuel for operation of facilities. This Statement of
Work contains information to assist in actions required to complete deliveries at the delivery site.
2.0 Scope
For the supply and delivery of the fuels indicated on the Contract Line Items on a required basis during the contract period. All deliveries shall be to Panther Swamp National
Wildlife Refuge (NWR), Yazoo NWR, and Morgan
Brake NWR. Delivery loads for fuel shall be a minimum 350 gallons and maximum of 6,000 gallons.
Unloading of fuels shall be directly into the facility storage tanks or other tanks such as fuel transfer trailers. The tanks and trailers are owned by: Panther Swamp, Yazoo and Morgan
Brake NWRs.
3.0 - Contract Period
The contract period is 12 months (base) with the option to extend for 4 additional 1 year periods.
The contract Base Period is from 10/03/2022 to
10/02/2023
Option 1 10/03/2023 to 10/02/2024
Option 2 10/03/2024 to 10/02/2025
Option 3 10/03/2025 to 10/02/2026
Option 4 10/03/2026 to 10/02/2027
The FWS has the sole discretion to unilaterally extend the contract period as indicated above and will provide the vendor notification of intent.
4.0 - Product Specification
4.1 Current Product Standards
The Fuel Provider must comply with the current
National Fuel Quality Standards and (US) ASTM
Continued ...
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140F0922Q0098 fuel quality standards for products produced or manufactured and supplied under this contract.
The Government reserves the right to test for compliance of these standards.
Off-Road Diesel Fuel-(NA 1993) Ultra Low Sulfur diesel, 15 ppm maximum, dyed. Bio-diesel will not be accepted.
Highway Diesel Fuel- (NA 1993) Ultra low sulfur diesel, 15 ppm maximum. Bio-diesel will not be accepted.
Unleaded Gasoline: Unleaded Gasoline up to 10% ethanol (E10)
5.0 Pricing
The price for fuels shall be in US currency calculated to 2 decimal places. If necessary, the
Fuel Provider shall round prices in accordance with the following:
If the 3rd decimal place value is five (5) or greater, the 2nd decimal place value is rounded up by one (1). If the 3rd decimal place value is less than five (5), the 2nd decimal place value is not changed.
5.1 Supply Prices
Pricing shall be based on +/- 5% of the Rack
Price the day of delivery using the average Oil
Price Information Service (OPIS) Rack Price
(using the appropriate city index for the area the fuel is purchase), plus provider fixed mark-up price (detail provided on quote schedule).
6.0 - Excise and Taxes
All prices shall be inclusive of applicable taxes during the contract period.
7.0 - Usage History/Estimates
The usage estimates for fuels:
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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140F0922Q0098
Off-Road Diesel Estimation of usage during each twelve month period (5,700 gallons) based on last two years annual usage.
Unleaded Gasoline Estimation of usage during each twelve month period (5,000 gallons) based on last two years usage.
Highway Diesel Fuel Estimation of usage during each twelve month period (3,300 gallons) based on last two years annual usage.
This usage estimate is provided as a guide only and is based on historical data. Actual quantities required throughout the contract period will be subject to the periodic requirements of the FWS. The FWS gives no guarantees as to the total quantities that it will require during the contract period.
8.0 - Delivery Days and Times
Specific deliveries to the Panther Swamp, Yazoo and Morgan Brake National Wildlife Refuge will be ordered on an as needed basis although there may be occasional need for immediate on call -deliveries to be made within a 48 hour period.
Once ordered, the vendor must deliver fuel supply during facilitys core working hours (08:00 a.m.
and 4:00 p.m. ¿ Monday through Friday) except on holidays when facility is closed. The facilitys point of contacts (listed under section 12.0) shall be notified before expected deliveries with an estimated time of arrival.
All deliveries shall be within 48 hours of order placement, except for orders placed on a Friday, where delivery shall be on the following Monday
(Public Holidays excepted). Other delivery arrangements can only be made through facilitys
POCs (listed under section 12.0). Fuel should be delivered by fuel truck equipped with an electric or fuel powered pump, utilizing proper safety precautions and following applicable environmental and HAZWPR PROCEDURES. Delivery tickets are required and must be signed by an
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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140F0922Q0098 employee at the time of delivery. The government will be obligated only to the extent of authorized purchases actually made and shall pay only for actual quantities received.
Metered delivery tickets identifying each tank location are required. The OPIS posting price will be required on each submitted delivery/billing ticket or provided upon request.
9.0 - Delivery and Unloading
9.1 Delivery Locations:
1. Panther Swamp NWR, 12595 MS Highway 149, Yazoo
City, MS 39194
Product/Item -- Physical location (address with details if needed) -- 1000 gallon tank
Highway Diesel 12595 MS Highway 149, Yazoo City, MS 39194
Product/Item -- Physical location (address with details if needed) -- 1000 gallon tank
Unleaded Gasoline 12595 MS Highway 149, Yazoo
City, MS 39194
2. Yazoo NWR, 595 Yazoo Refuge Rd., Hollandale, MS 38748
Product/Item -- Physical location (address with details if needed) -- 1000 gallon tank
Highway Diesel 595 Yazoo Refuge Rd., Hollandale, MS 38748
Product/Item -- Physical location (address with details if needed) -- 2000 gallon tank
Off-Road Diesel 595 Yazoo Refuge Rd., Hollandale, MS 38748
Product/Item -- Physical location (address with details if needed) -- 2000 gallon tank
Unleaded Gasoline 595 Yazoo Refuge Rd., Hollandale, MS 38748
Continued ...
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2. Morgan Brake NWR, 1562 Providence Rd., Cruger, MS 38924
Product/Item -- Physical location (address with details if needed) -- 6000 gallon tank
Off-Road Diesel 1562 Providence Rd., Cruger, MS 38924
Product/Item -- Physical location (address with details if needed) -- 1000 gallon tank
Highway Diesel 1562 Providence Rd., Cruger, MS 38924
Product/Item -- Physical location (address with details if needed) -- 1000 gallon tank
Unleaded Gasoline 1562 Providence Rd., Cruger, MS 38924
9.2 Unloading:
The Fuel Provider shall be responsible for the delivery and unloading of the product. (NOTE: The
FWS has above ground fuel storage facilities without fuel transfer equipment) The Fuel
Provider shall have a safe operating procedure for the delivery and unloading of the product, and comply with all local statutory requirements pertaining to the handling of fuels. The Fuel
Provider shall, for each delivery; report to the
Fish and Wildlife staff members upon arrival at the fuel tanks and staff member shall witness the unloading process. Upon delivery/unloading, the
FWS may choose to take a sample of the fuel for the purposes of third party compliance testing.
10.0 - Non-conformance
Should quality testing (if conducted) reveal that any supplied product is nonconforming then, where relevant, the following shall apply:
1. The FWS will not be required to pay for any product found to be non-conforming. If payment has already occurred then the Fuel Provider shall re-supply an equal amount of fuel that does conform.
2. The Fuel Provider shall, at its own cost, Continued ...
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(A) (B) (C) (D) (E) (F)
140F0922Q0098 remove any non-conforming product supplied by the
Fuel Provider from the FWS Fuel Delivery points.
3. The Fuel Provider accepts liabilities for any damages to FWS equipment due to the nonconforming product.
11.0 Payments
The Fuel Provider shall be registered in the
System for Award Management (SAM) in order to participate in this fuel requirement. The SAM can be found at https://www.sam.gov. Payments will be made via Electronic Funds Transfer using the data within the SAM registration database.
The Fuel Provider is also required to be registered in the Invoice Processing Payment
Platform System (IPP) in order to submit electronic invoices. Any questions regarding this billing system should go to the Customer
Support for the IPP directly at telephone:
866-973-3131 or by email: ippgroup@bos.frb.org.
The contractor must submit any and all cost and pricing data, receipts, and vouchers as an attachment to the electronic invoice in the IPP that matches and supports what is being invoiced.
12.0 Fish and Wildlife Service onsite Point of
Contacts (POC):
12.1 (Brett Moule @ 662-836-3004)
12.2 (Seth Swafford@ 662-836-3004)
12.3 (Lamar Dorris @ 662-235-4989)
12.4 (Roxie Thomas @ 662-839-2638)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
G - Contract Administration Data
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [Contracting Officer to edit and include the documentation required under this contract]:
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
I - Contract Clauses
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website: https://www.acquisition.gov/browse/index/far
52.204-7 System for Award Management. (OCT 2018)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020)
52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2020)
52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)
52.223-1 Biobased Product Certification. (MAY 2012)
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.acquisition.gov/browse/index/far
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)
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 Items. 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.
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 Items. (OCT 2014)
(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: Lowest Price Technically Acceptable
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2020)
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115- 91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
[ ] (10) (Reserved)
[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C.
657a).
[ ] (ii) Alternate I (MAR 2020) of 52.219-3.
[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (MAR 2020) of 52.219-4.
[ ] (13) (Reserved)
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-6.
[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.
[ ] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting 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 (MAR 2020) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.
13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[ ] (ii) Alternate I (JUL 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.)
[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b).
[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (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) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[ ] (49)(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.
[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 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).
[ ] (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. 2302 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).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
[X] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
[ ] (iii) Alternate II (FEB 2006) 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.)
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (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).
[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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) of this paragraph 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 (JUN 2020) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C.
chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.
(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.
52.217-5 Evaluation of Options. (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.217-8 Option To Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 Option To Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation.
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