Sol_140FS324Q0065.pdf

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

FS3

Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 3 FWS, SAT Team 3

0008349688 CODE 16. ADMINISTERED BYCODE

X

X

X

562119

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFS3

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/17/2024 1500 ED

04/03/2024

4046794158Lee Riley (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS324Q0065

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 5 0040648681OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CRYSTAL RIVER FL 34429-4661

1502 SE KINGS BAY DRIVE

C/O CHASSAHOWITZKA NWR

FWS EGMONT KEY NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FWS SAT Team 3

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Solicitation 140FS324Q0065 is issued as a request for quotation (RFQ). The anticipated award date is within 10 days after the close of this announcement.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC Number:

2022-06, Effective Date: 05/26/2022.

This requirement is being solicited as a 100% (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Fred Riley

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Small Business Set-Aside. The applicable North

American Classification System (NAICS) code is

562119 Other Waste Collections. The small business size standard is $47 Million.

The Government intends to award a firm fixed price contract resulting from this combined synopsis/solicitation.

Line-Item Description(s): Debris Removal

Delivery (Refer to attached statement of work for details)

Period of Performance: Anticipated October 1, 2024 - January 31, 2025

Location of Work: (Refer to Statement of Work for details)

FWS Chassahowitza NWR

1502 SE Kings Bay Drive

Crystal River, FL 34429-4661

Terms & Conditions:

- The provision at 52.212-1, Instructions to

Offerors -- Commercial, applies to this acquisition

- The provision at 52.212-2, Evaluation --

Commercial Items applies to this acquisition

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

5 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140FS324Q0065

(refer to terms and conditions for details)

- Offerors must include a completed copy of the provision at 52.212-3 Offeror Representations and

Certifications-Commercial Items and submit with its offer.

- 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 (refer to terms and conditions for details)

Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are attached in the Terms & Conditions document.

The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/ or see terms & conditions attached to the solicitation.

In order to be eligible for award, all contractors must have an Active Registration in the System for Award Management (SAM) website https://sam.gov/content/home. Please note, SAM is a free website and there is never a cost to register your entity.

Prior to or following receipt of an award, the

Contractor must register with the U.S. Department of the Treasury's Invoice Processing Platform

System (IPP) to submit requests for payment.

Refer to Terms and Conditions for details. Please note, IPP is a free website and there is never a cost to complete registration. Invoices for services will be paid after the end of the month of service, advanced payments are not allowed.

Important Submission Date Info:

1. Question Submission:

All questions regarding this Solicitation must be

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140FS324Q0065

submitted in writing to the Contract Specialist, Lee Ann Riley at lee_riley@fws.gov no later than

Wednesday, April 10, 2024, at 3:00pm EDT. If necessary, questions received will be answered through an Amendment to this Solicitation. Emails must indicate the following in the subject line:

Question Submission for 140FS324Q0065.

2. Quote Submission:

Quotes (including all required documents) must be transmitted via e-mail to the Contract

Specialist, Lee Ann Riley at lee_riley@fws.gov, no later than Wednesday, April 17, 2024, at

3:00pm EDT. Emails must indicate the following in the subject line: Quote Submission 140FS324Q0065.

Required Submittal Documents:

Offerors responding to this solicitation must submit the following documents:

- SF 1449: Provide a completed SF 1449 with signature.

- SF 30: If applicable, provide signed amendments

(SF30)

- Quote: Submit a quote to include your SAM

Unique Entity Identifier (UEI) Number, Company

Name, Address, Point of Contact (POC) Name, Email

& Phone Number.

- Quote Schedule: Complete the attached document

- Past Experience & References: Complete the attached Past Performance document or your own version that addresses each element.

Your quote will be considered non-responsive and will not be considered if all the above required documents are not completed in full and received as part of your submittal package.

An award will be made to the Contractor whose submittal documents conform to the requirements as described in this solicitation and who, based on a subjective assessment from the Government, offers the best value to include technical, past experience, and price. The Government reserves the right to award a contract to other than the lowest priced offer if, in its judgment, the non-cost factors outweigh the price difference.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140FS324Q0065

Contracting Office:

Lee Ann Riley, Contract Specialist

SAT East Team 3, Goods and Services Acquisition

JOINT ADMINISTRATIVE OPERATIONS

5275 Leesburg Pike

Falls Church VA 22041 lee_riley@fws.gov

Delivery: 01/31/2025

Period of Performance: 10/01/2024 to 01/31/2025

00010 Remove & Dispose of Grounded 41' Vessel

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Region 4, Acquisition Goods and Services

Joint Administrative Operations 1875 Century Blvd, Suite 310

Atlanta, GA 30345

NOTICE TO OFFERORS

Solicitation Number: 140FS324Q0065

Description: FWS EGMONT DEBRIS REMOVAL

Office Location: FWS EGMONT NWR C/O CHASSAHOWITZA NWR

1502 SE Kings Bay Drive Crystal River, FL 34429-4661

Instruction to Offerors:

Before submitting an offer, please read the entire solicitation package carefully. Return the following items with your response:

SF1449 – Form provided with Solicitation.

Signed SF30s or Acknowledgment of any/all Amendments to Solicitation (if applicable) Quote Response/Quote Schedule and Past Performance

Interested contractors must be registered and active in SAM (System for Award Management, www.sam.gov) and complete online representations and certifications before the solicitation response due date.

RFQ Response: Email Subject Line: 140FS324Q0065 – Quotation Due Date: Wednesday, April 17, 2024, at 3:00PM EST

Basis for Award: Lowest Price Responsive and Responsible Quote

Questions/Clarification: Email Subject Line: 140FS324Q0065 – Question/Clarification Due Date:

Wednesday, April 10, 2024, at 3:00PM EST

Contracting Point of Contact, Lee Ann Riley can be reached at lee_riley@fws.gov All questions should be submitted via email only.

When submitting questions or quotes, please be sure to include the solicitation number 140FS324Q0065 in the subject line of your email.

mailto:lee_riley@fws.gov

STATEMENT OF-WORK

FOR

REMOVAL OF ABANDONED BOAT

EGMONT KEY NATIONAL WILDLIFE REFUGE

REVISED 02/16/2024.

U.S. FISH AND WILDLIFE SERVICE

RFQ Number: 140FS324Q0065 Date: April 3, 2024 Contracting Contact: Lee Ann Riley, Contract Specialist – lee_riley@fws.gov

Boat Removal Revised 04/03/2024

REMOVAL OF ABANDONED BOAT

TABLE OF CONTENTS

1.0 GENERAL

1.1 Period of Performance

1.2 Project Contacts

1.3 Government Furnished Information

1.4 Definitions

1.5 Salvage Services

1.6 Service Notice to Proceed (NTP)

1.7 Hours of Work...................................................... Error! Bookmark not defined.

1.8 FWS facilities Use by Salvage Contractor

1.9 Project Safety

2.0 GOVERNMENT RESPONSIBILITIES

2.1 Duty to Cooperate

3.0 APPENDIX 1 – FIGURES

3.1 Figure 1 – Egmont Key Location

3.2 Figure 2 – Egmont Key Island

3.3 Figure 3 – Vessel Location

3.4 Figure 4 – Abandoned Vessel

3.5 Figure 4 – Abandoned Vessel

1.0 GENERAL

The U.S. Fish and Wildlife Services (FWS) Egmont Key NWR is seeking qualified firms capable of debris removal. This Scope of Work (SOW) is to remove an abandoned 41-foot sailboat from the southwestern end of the island of Egmont Key and within the Egmont Key NWR (per attached maps). This boat was washed ashore during hurricane Eta.

1.1 Period of Performance

Anticipated period of performance is October 1, 2024 – January 31, 2025.

1.2 Project Contacts

UPON CONTRACT AWARD

PM/COTR: Stan Garner Phone: 352 672 1036 Email: Stan_Garner@fws.gov

1.3 Government Furnished Information

N/A.

1.4 Definitions

Project Manager (PM) is the service personnel managing the project in question and is also designated as the Contracting Officers Technical Representative (COTR).

Contracting Officer (CO) is defined as a person with the authority to enter, administer, and/or terminate contracts and make related determinations and findings on behalf of the United States of America. The term includes certain authorized representatives of the Contracting Officer such as the Construction Specialist (CS), Contracting Officer's Representative (COR), Construction Representative (CR) and Site Representative (SR) acting within the limits of their authority as delegated by the Contracting Officer.

“Service” or “FWS” means United States Department of Interior, Fish and Wildlife Service, Region 4 (Southeast Region).

Government may also be referred to as the Owner, Contracting Officer, Contracting Officer's Representative, the Service, or Fish and Wildlife Service (FWS).

Notice to Proceed (NTP): There will be two NTPs for this project issued by the Contracting Officer (CO); one to initiate the design phase and one to initiate the construction phase. The NTP will identify the next Project Phase(s) that are approved. The NTP will identify any qualifications, limitations, or exceptions to the work in each Phase.

Schedule is a chronological layout of the work to be performed prepared using commercially available scheduling software.

mailto:Stan_Garner@fws.gov

1.5 Salvage Services

1. Contractor shall remove and dispose of 41-foot sailboat (see figures 4 & 5) in accordance with all applicable Federal and State laws.

2. Work shall be performed at Egmont Key National Wildlife Refuge, Florida. The location of the abandoned vessel is located on the offshore island of Egmont Key (Figures 1, 2 & 3) at:

Latitude: 27°35'10.80"N Longitude: 82°45'34.65"W

3. All activities related to removal of the vessel shall be conducted in such a manner as to fully minimize impact to the native habitat and all wildlife present. Upon completion, the contractor shall take appropriate measures to fully restore the site to its original condition. There shall be no deep holes, gouges or debris remaining on the site upon completion of the project.

4. The vessel is located within a closed bird nesting sanctuary. The project shall be completed prior to or after the peak nesting season which runs April - September. Due to the closed area designation, the contractor shall coordinate all site visits and work activities with the PM/COTR prior to activity.

5. Any weekend work requires prior approval by the designated Contracting Officer and the

PM/COTR.

6. All coordination or removal activities will be done through the PM/COTR. Any activities regarding removal of the vessel that may impact the operations of the Florida Park Service or the Tampa Bay Pilots who are also present on the island shall be coordinated with the PM/COTR in advance.

7. The contractor shall be responsible for any typical local, state and federal permitting that is typically required for salvage operations. The USFWS is unaware of any permits.

1.6 Service Notice to Proceed (NTP)

Following the Issuance of the NTP, the Salvage Contractor shall provide the following items to the PM/COTR for approval and amendment into the contract file.

1. A project schedule reflective of the critical path and other phases of the work. The schedule shall be approved by the PM/COTR prior to any work commencement.

2. A work plan to include method and details of removal. The plan shall be approved by the PM/COTR prior to any work commencement. Any deviation from planned activities shall be approved by the PM/COTR in advance.

1.7 Hours of Operation

The contractor is responsible for conducting business, working a 40-hour work week between the hours of 7:00 a.m. to 5:30 p.m., or as determined by the PM/COTR Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 FWS facilities Use by Salvage Contractor

Station buildings, dock and other FWS facilities are not available for storage of contractor’s materials, equipment, and tools unless pre-approved by PM/COTR.

1.9 Project Safety

The contractor has complete responsibility for safety on the project site, throughout all times to final acceptance, to include contractor’s own workers, subcontractors, and their sub-subcontractors. In addition, the contractor shall adhere to all current Federal State and local safety requirements. In the event where any safety standard referenced conflicts with another, the more stringent shall govern.

2.0 GOVERNMENT RESPONSIBILITIES

2.1 Duty to Cooperate

Government will, throughout the performance of the Work, cooperate with contractor and perform its responsibilities, obligations, and services in a timely manner to facilitate the salvage contractors timely and efficient performance of the work and to not delay or interfere with contractors’ performance of its obligations under the Contract Documents.

Evaluation and Acceptance

Inspection and acceptance will be conducted by the Technical Point of Contact based on Past Performance with similar Group and/or Agency. The contractor shall provide past performance information on attached Past Performance Document for previous services that have been provided.

Question/Quote Submittal/Price Quote

All Questions and Concerns must be directed to the Contracting POC ONLY:

The Contracting POC is Lee Ann Riley, Contract Specialist, USFWS. Please email inquiries to lee_riley@fws.gov no later than Wednesday April 10, 2024, C.O.B.

Quote Submittal:

Quoters are required to submit a written/electronic quote via email to Lee Ann Riley lee_riley@fws.gov on or before Wednesday April 17, 2024 @ 3:00 pm ES.

Price Quote:

Submittal of a quote price to include all services for the non-personnel services to remove and dispose of debris of an abandoned 41’ sailboat from Egmont Key NWR. Budget to include material/supplies, equipment, manpower, overhead and all necessary components to fulfill this requirement. PLEASE

PROVIDE QUOTE ON ATTACHED QUOTE SCHEDULE.

The Government will award a delivery/purchase order resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the government in terms.

Payments:

The Contractor MUST be registered in the System for Award Management (SAM.GOV) to participate in this 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.

mailto:lee_riley@fws.gov https://www.sam.gov/

The Contractor is also required to be registered in the Invoice Processing Payment Platform System (IPP.GOV) 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 all cost and pricing data, receipts, and vouchers as an attachment to the electronic invoice in the IPP.GOV that matches and supports what is being invoiced.

Note: The order is subject to invoicing via www.IPP.gov .

mailto:ippgroup@bos.frb.org http://www.ipp.gov/

3.0 APPENDIX 1 – FIGURES

3.1 Figure 1 – Egmont Key Location

3.2 Figure 2 – Egmont Key Island

3.3 Figure 3 – Vessel Location

3.4 Figure 4 – Abandoned Vessel

3.5 Figure 4 – Abandoned Vessel

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. (FEB 2024)

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.

52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

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: best value to include

1. Technical experience, capacity, and expertise to perform the required tasks within the period of performance and to meet all goals and objectives on schedule.

2. Technical approach to performing the required tasks as described in the statement of work and/or addendum within the period of performance. The quote shall include a narrative explaining how the work will be carried out in terms of the techniques, procedures, and delivery schedule.

3. Past performance. The proposal shall include three examples of successful, timely completion of similar work. The examples may come from federal, state, or local government. The following information shall be included:

-Name of the job (to include address) -Project Prime¿s name -Issuing agency or company -Contract/Identification number -Start and completion dates -Brief description of the scope of work

-How the work is substantially similar to the proposed project -No less than two (2) valid references that includes:

-Agency name, point of contact, phone number, email address

Technical and past performance, when combined, are significantly more important when compared to price.

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

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

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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 Representation (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.)

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

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[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…