Sol_140P5123Q0061.pdf

140P5123Q0061

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/19/2023 0040631454

1 28

100 Alabama St., SW 1924 Building Atlanta GA 30303-8701

NPS SER EAST MABO

07/31/2024

NPS, Kennesaw Mountain NBP

905 Kennesaw Mountain Dr. NW

Kennesaw

GA 30152-4855

404 507-5747Edward Dingle

07/31/2023 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Header Text: This project is for the park's shuttle bus contract, which provides for driver services to take visitors up and down the Mountain Ro ad on weekends and major holidays.

Period of Performance: 08/01/2023 to 07/31/2028

00010 Provide Shuttle Bus Driver Services for Kennesaw Mountain National Battlefield Park Kennesaw, Georgia per the attached statement of work (SOW).

Product/Service Code: V122 Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR CHARTER

Delivery: 07/31/2024 Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P5123Q0061

Period of Performance: 08/01/2023 to 07/31/2024

00020 OPTION YEAR ONE. Provide Shuttle Bus Driver

Services for Kennesaw Mountain National

Battlefield Park Kennesaw, Georgia per the attached statement of work (SOW).

(Option Line Item)

Anticipated Exercise Date 08/01/2024

Product/Service Code: V122

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR CHARTER

Period of Performance: 08/01/2024 to 07/31/2025

00030 OPTION YEAR TWO. Provide Shuttle Bus Driver

Services for Kennesaw Mountain National

Battlefield Park Kennesaw, Georgia per the attached statement of work (SOW).

(Option Line Item)

Anticipated Exercise Date 08/01/2025

Product/Service Code: V122

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR CHARTER

Period of Performance: 08/01/2025 to 07/31/2026

00040 OPTION YEAR THREE. Provide Shuttle Bus Driver

Services for Kennesaw Mountain National

Battlefield Park Kennesaw, Georgia per the attached statement of work (SOW).

(Option Line Item)

Anticipated Exercise Date 08/01/2026

Product/Service Code: V122

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR CHARTER

Period of Performance: 08/01/2026 to 07/31/2027

00050 OPTION YEAR FOUR. Provide Shuttle Bus Driver

Services for Kennesaw Mountain National

Battlefield Park Kennesaw, Georgia per the attached statement of work (SOW).

(Option Line Item)

Anticipated Exercise Date 08/01/2027

Product/Service Code: V122

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR CHARTER

Period of Performance: 08/01/2027 to 07/31/2028

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

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5123Q0061 Posted Date: July 19, 2023 Original Response Date: July 31, 2023 Current Response Date: July 31, 2023 Product or Service Code: V122 Set Aside: 100% Small Business NAICS Code: 485999

Contracting Office Address:

National Park Service Interior Region 2 South Atlanta Gulf 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Interior Region 2 South Atlanta Gulf has a requirement to provide Shuttle Bus Driver Services for Kennesaw Mountain National Battlefield Park Kennesaw, Georgia. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 dated 02 June 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 485999; All Other Transit and Ground Passenger Transportation, with a small business size standard of $19,000,000.00. The Product Service Code (PSC) is V122; Transportation/travel/relocation- Transportation: Motor Charter.

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $50,000 per person; $100,000 per occurrence; and $100,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

The contractor must have current Representation and Certifications in SAM.gov, (see Section K below), submitted with quote.

The Government contemplates the award of a single Firm-Fixed Price Contract using the best value – Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 485999 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

The APPROXIMATE performance period is anticipated to be 01 August 2023 through 31 July 2028 (Base Year plus four option years).

All interested companies shall provide quotes for the following:

Services:

Scope of Work Kennesaw Mountain National Battlefield Park

Shuttle Bus Service Driver

GENERAL INFORMATION/INTRODUCTION:

Kennesaw Mountain National Battlefield Park encompasses more than 3,000 acres in Kennesaw, Georgia.

Current annual visitation is recorded at 2.5 million. The narrow 1.5-mile mountain road is consistently congested with pedestrians, cyclists, and vehicle traffic. Consequently, the road is closed to vehicles on weekends and major holidays during peak visitation. In November 2018 a 2018 Ford “Concorde II” 33-foot, 24 passenger ADA compliant bus was purchased. The implementation of the shuttle service is necessary to address safety and accessibility mandates within the context of visitor use and enjoyment of park resources. The park is seeking sustainable professional driver services for operation of the vehicle and soliciting quotes pursuant to awarding a contract for a driver as described below.

PART I: GENERAL REQUIREMENTS

Contractor shall furnish a driver with all requisite current endorsements on the dates indicated below.

PART II: SCOPE OF WORK

1. The Contractor shall provide a shuttle bus driver on:

a) Saturdays and Sundays

b) Memorial Day

c) July 4th

d) Labor Day

e) Friday after Thanksgiving

f) Park special events may also require the shuttle bus service. COTR will give 14 days’ notice and billing will note the additional service.

Operating the park’s passenger bus, the driver will transport visitors from the visitor center parking lot at the base of Big Kennesaw Mountain, to the parking lot on the crest of Big Kennesaw Mountain, and return, a round trip total of 3.0 miles. The driver will ensure that all passengers are safely seated and safely embark and disembark the vehicle.

Contracted personnel will report to work at the park at 9:00 a.m. and conclude the workday at approximately 5:30 on Saturdays and Sundays (however, inclement weather conditions may affect vehicle service).

Departures from the Visitor Center parking lot will commence at 9:40 a.m. and continue in thirty-minute increments thereafter until the last round-trip run at 5:00 p.m. There may be occasions during heavy visitation periods that more than one run will be necessary within a thirty-minute period. This may also occur on a rare occasion when inclement weather occurs and provides a potential danger to visitors on the mountain. Ridership will occur on a first-come-first-served basis and is included in the park’s entrance fee.

PART III: SUPERVISION

a) The contractor shall be responsible for the performance of work under the contract.

b) The Contractor shall provide adequate supervision of all employees to ensure satisfactory performance.

c) The contractor shall designate in writing the person responsible for supervising employee performance under the contract.

d) The contractor shall provide an update as necessary a list of drivers that will perform under this contract.

PART IV: EMPLOYEE QUALIFICATIONS

a) The Contractor shall provide the necessary personnel to perform the services under the contract.

b) All drivers shall possess and maintain a valid state motor vehicle operator's Commercial Driver’s

License (CDL).

c) Contractor shall provide yearly certification of a favorably adjudicated background check for all potential drivers.

d) Contractor shall provide yearly certification of a favorable driving record for all potential drivers.

PART V: CONDUCT OF OPERATIONS

Responsibilities for operations for Contractor personnel and NPS staff are as follows:

Contractor:

1. Contractor personnel shall be responsible for exercising control over the visitor conduct during the shuttle operations.

a) No smoking, eating, or drinking shall be permitted on the bus. Should the operator experience any difficulty with the conduct of a visitor, he or she should seek the assistance of National Park Service staff.

b) Service animals will be allowed on the bus.

2. Contractor personnel will report on duty at 9:00. Between 9:00 and the first shuttle run at 9:40, contractor personnel will be responsible for collecting shuttle bus key from the Visitor Center, conducting a daily maintenance check of the shuttle bus vehicle, and reporting any findings, and will be responsible for placing directional signs on the Mountain Road. (Directional signs will be provided by NPS. These alert pedestrians as to which side of the road to walk).

3. Contractor personnel will follow a driving route of heading up and down the mountain road, then riding to the overflow lot to pick up and unload passengers. *This will be reviewed by Contractor and NPS staff to ensure feasibility and will become an operational requirement only if feasible.

4. End of shift duties include collection of the directional signs from the Mountain Road after the last roundtrip 5:00 run, submitting log to NPS staff, and returning keys back to the Visitor Center.

(If there are riders on the 5:00 “down” trip, contractor personnel will bring riders down and then make another run up to collect the signs. If there are no riders on the 5:00 “down” trip, contractor personnel will collect the signs as they are enroute on the last trip down the mountain).

5. Contractor personnel shall be limited to the drive necessary for operation of the bus during the performance of the shuttle service. Additional personnel or other persons (other than Park employees, designated VIPs serving as shuttle bus interpreters, or visitors) shall not accompany the driver unless approved in advance by the Contracting Officer or the Contracting Officer’s Technical Representative (COTR).

6. Contractor personnel shall turn on the DVD player with the park approved interpretive messaging, when applicable, for each shuttle service going up and coming down the mountain.

7. Contractor personnel shall load and unload baby strollers, ensuring that the strollers are secured safely with the bus.

8. Contractor personnel shall not accept tips. If visitors would like to make a donation, the contractor personnel shall refer them to the donation box inside the visitor center.

9. Contractor personnel will assist handicap passengers with loading and offloading of the bus, in addition to securing wheelchairs on the bus.

10. Contractor personnel shall be responsible for routine cleanliness of the bus throughout the day and at the end of the service day. Trash items, debris, and spills in the bus shall be removed by the contractor personnel on each scheduled day of service. Deeper cleanings, both interior and exterior, will be provided by park personnel.

11. In accordance with the uniform standards for all volunteers and employees to project professionalism, the contractor’s personnel should appear clean, well-groomed and in attire appropriate to being around the general public. The driver shall wear clean and undamaged jeans or pants. Shorts may be permitted on rare occasions, with advance approval. Shorts must have a minimum inseam length of 10”. Additionally, while the upper garment should be weather appropriate, at no time will a halter top, cut off sleeve or being shirtless be permissible. Short or long sleeve top only. Shoes should be closed-toed and that which would be safe to operate a passenger transport vehicle.

12. Contractor personnel will be provided a 40-minute lunch break from 1:20 – 2:00. During this scheduled lunch break, the shuttle bus operation will cease. A round-trip run will be made at 1:00, operations will cease, and then pick back up again at 2:00.

13. Contractor personnel shall provide quality customer service and a professional, courteous environment, for visitors riding the shuttle bus.

NPS:

1. Park staff shall be responsible for weekly gasoline tank fill-ups. These will occur prior to the weekend shuttle bus operations.

2. Park senior personnel shall have the right to request the Contractor remove or dismiss any driver that the park considers incompetent, careless, discourteous, or otherwise unsuitable. Any request will be accompanied by documentation and reasoning for COR and CO review.

PART VI: COMPLIANCE WITH PERFORMANCE SCHEDULE

1. The Contractor shall comply with the scheduled hours of performance and adhere to the 30-minute departure times.

2. Each time the Contractor fails to meet the scheduled starting time by more than 15 minutes or fails to meet the 30-minute departure interval by more than 10 minutes, the contract price will be reduced by an amount equivalent to 50% of the daily eight-hour total rate.

3. The Contractor will not be paid for trips that extend past the scheduled times due to his or her negligence or fault.

4. Repeated failures to perform the services as required could result in termination of the contract. A trip log maintained by the park shall be used for determining the reductions.

PART VII: UNSCHEDULED SERVICES

The Government may require additional unscheduled trips be performed throughout the term of the contract, within the time frames of the regular schedule. Such trips will be requested on an “as needed’ basis. The additional trips are usually required due to sudden storms or heavy visitation, necessitating the need for transport of back-to-back loads of visitors.

a) Unscheduled services, provided that they occur within the daily work schedule, will not result in extra charges from the Contractor to the Government.

PART VIII: LOG AND REPORT

The Contractor shall provide daily reports of shuttle usage in terms of departure times, number of trips, number of passengers per trip and number of ADA passengers. A trip log shall be submitted to the Contracting Officer’s Technical Representative at the end of each day’s operations. Each daily sheet shall specify the date of service, performed number of trips, number of passengers, and be signed by the driver.

Any sheets which do not contain this information will be returned to the contractor for correction prior to payment.

PART IX: CANCELLATION OF PERFORMANCE

When it is determined by the Contracting Officer’s Technical Representative that the performance of the scheduled services is not needed due to weather or other factors, the Contractor will be provided a minimum of 1 hour notice. Park staff will contact the Contractor via phone the day of the cancellation (or by email if the cancellation occurs at least the day before), who then will contact the driver.

a) In the event the Government fails to provide the minimum notice, or the services are cancelled, the Contractor will be reimbursed two hours of pay (six trips) for the day.

PART X: GOVERNMENT OPTION TO SEPARATELY CONTRACT FOR WORK

Payment will be made monthly for services rendered and accepted in the preceding month, less any applicable deductions. The Contractor shall submit invoices to the Contracting Officer, or designated representative as specified in the final contract.

PART XI: ORIENTATION OF CONFERENCE

Prior to commencement of performance, the Government will require the Contractor and driver(s) to meet with the National Park Service representatives on site to discuss and develop a mutual understanding of the operation and services to be provided.

PART XI: PERFORMANCE EVALUATION MEETINGS

If requested by the Government, the Contractor and/or manager shall meet with the Contracting Officer’s Technical Representative at least weekly during the first four weeks of the contract and as often thereafter as the Contracting Officer shall determine to be necessary. A mutual effort will be made to resolve all problems identified at these meetings.

PART XIII: QUALITY CONTROL

The Contractor shall establish a quality control program to assure the requirements of the contract are performed as specified. A copy of this program will be submitted to the Contracting Officer at the orientation meeting. The program shall be updated on an as-needed basis and upon request by the Contracting Officer. The basic program shall include the following:

1. An inspection system for evaluating the performance of the operators, i.e., compliance with operating schedules quality of performance, conduct and appearance. The program shall indicate if inspections will be conducted on a scheduled basis or at random and the person(s) responsible for the inspections.

2. A method of identifying deficiencies in performance before the level of performance becomes unsatisfactory.

3. A drug testing program for operators used in the performance of this contract.

4. A scheduling plan for providing operators, including provisions for breaks and lunch periods and a contingency plan for providing substitutes in the event of unforeseen emergencies, absences, etc.

5. At no time will a driver be in possession, while on duty, with a weapon, i.e., gun, pepper spray, or similar devices that could impose bodily harm to another.

The Contractor shall maintain files of quality control records including a copy of the quality control program, reports of operator performance inspections and records of all corrective actions taken, drug testing reports and results. This information shall be available to the Government during the term of the contract.

PART XIV: QUALITY ASSURANCE

The Government shall monitor the Contractor’s performance under this contract. This will be done by random inspections, maintaining a record of complaints by park visitors and maintaining a trip log on all services performed.

PART XV: LEVEL OF PERFORMANCE

The National Park Service will make periodic and unannounced safety reviews of the vendor’s performance. The Contracting Officer shall advise the Contractor in writing when the level of performance becomes unsatisfactory. Documentation substantiating the findings will be provided.

1. The Contractor shall respond in writing within 5 days and initiate corrective action before the next scheduled weekend service.

a) Failure to take corrective action and continued deficiencies in the level of performance may result in action to terminate the contract.

PART XVI: CONTRACTOR FURNISHED ITEMS

The Contractor will provide and maintain:

a) a cell phone for communication purposes.

PART XVII: HOURS OF OPERATION

Hours of operation for shuttle bus service will be 9:40 a.m. to 5:00 p.m., with 5:00 p.m. being the last roundtrip shuttle service of visitors up and down the mountain.

1. During the driver’s lunch period from 1:20 -2:00, the shuttle bus operation will cease. A roundtrip run will be made at 1:00, operations will be paused, and resume at 2:00.

2. All visitors will be notified by NPS staff (or front desk volunteer) for the 5:00 last run of the day and by contractor personnel enroute up the mountain that the 5:00 is the last bus run for the day. Visitors riding UP at 5:00 either get off the shuttle and walk down on their own, or they stay on the bus with no stop off at the mountaintop and return immediately to the visitor center parking area.

End of Statement of Work

Davis Bacon prevailing wages for Cobb County, Georgia will apply for this requirement

See attachment 0002 or 2015-4471 Revision No.: 26 on WDOL.gov.

Price Schedule See attachment 0003

Past Performance Questionnaire See attachment 0004

Simplified Acquisition evaluation procedures pursuant to FAR Part 13, will be applied in the evaluation of quotes received. Failure to submit the information called for in this solicitation may render the quote unacceptable. Only those quotes deemed responsive will be evaluated. The Government will award a single firm-fixed price services contract resulting from this solicitation to the responsible Quoter whose quote conforms to the solicitation requirements and is determined to be the “Best Value”; that is, the lowest priced, technically acceptable quote. Technical acceptability must meet or exceed the standards set for non-price factors. The government will evaluate information based on the following evaluation criteria:

(1) Price

(2) Technical Capability/Approach

(3) Past Performance

Technical and Past Performance when combined, are approximately equal to cost or price

Technical Capability/Approach: The offeror shall demonstrate a clear and detailed approach to meet the requirements in of the Statement of Work (SOW). The technical approach shall include a detailed schedule to accomplish the requirements in the SOW. The offeror will be evaluated on their detailed response which identifies their approach to meet the specific requirements in sections I-VIII and XIII of the Statement of Work (SOW). A rating of either “Acceptable” or “Unacceptable” will be assigned to this non-price factor. The standard for this factor is met and is acceptable when the responses provided by the Offeror can support a complete understanding of the work to be performed, potential obstacles and mitigation, and the specific requirements that are to be met to successfully complete the contract within the time required. Technical factor shall be evaluated on an acceptable and unacceptable basis (See table below).

TECHNICAL CAPABILITY RATINGS:

Past Performance: Respondent shall complete Past Performance Questionnaire(s) (Attachment 0004) that can confirm your company has successfully completed relevant services in the past three (3) years as outlined in the Statement of Work (SOW). Offeror shall submit past performance information that demonstrates proof of experience and Proven expertise and qualifications necessary to perform services described in the SOW. Past Performance must reflect work that was completed within three (3) years of the solicitation closing date. References shall consist of officials from the issuing contracting agency or civilian business who oversaw the performance of the project. The Government reserves the right to obtain past performance information from other sources such as the references and the Contractor Performance Assessment Reporting System (CPARS) and other Federal performance assessments

Technical Acceptable and Unacceptable Ratings

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

systems but is not limited to these sources. Respondents with no historical record of past performance will receive a Neutral rating. Information required for each project shall include:

• Contracting agency/customer

• Contract number

• Contract title or meaningful description of services and location

• Award date

• Initial award amount

• Award amount at contract completion

• Contract Completion Date

• Actual Completion Date

• Final performance evaluation with rating or reference information (first and last name, title, office, mailing address, telephone number, and email address)

• Address any adverse past performance information and explain the corrective actions taken to achieve a successful outcome.

Past performance will be evaluated on an Acceptable and Unacceptable basis in accordance with FAR

15.305 (a)(2).

PAST PERFORMANCE RATINGS:

Past Performance Acceptable and Unacceptable Ratings

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Price: A price evaluation will be performed as described in FAR 15-404-1to determine the reasonableness of the proposed price. Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate. If multiple contract line items are included in the price schedule, prices will also be evaluated to determine whether any line items are unbalanced. The Respondent shall remit a completed price schedule (Attachment 0003). Offerors are cautioned to distribute costs appropriately. The price submission will be evaluated but not rated.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.204-24, “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” (Nov 2021)

2. FAR 52.204-26, “Covered Telecommunications Equipment or Services-Representation” (Oct 2020)

3. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (Mar 2023)

4. FAR 52.212-2, “Evaluation – Commercial Items” (Nov 2021)

5. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (Dec 2022)

6. FAR 52.217-5, “Evaluation of Options: (Jul 1990)

7. FAR 52.222-22, “Previous Contracts and Compliance Reports” (Feb 1999)

8. FAR 52.222-25, “Affirmative Action Compliance” (Apr 1984)

9. FAR 52.223-22, “Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation (Dec 2016)

Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision)

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Price

• Technical Capability/Approach

• Past Performance

(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).

http://acquisition.gov/comp/far/index.html http://orca.bpn.gov/ http://farsite.hill.af.mil/

(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.

(End of Provision)

The following contract clauses apply to this acquisition:

• FAR 52.203-6, “Restrictions on Subcontractor Sales to the Government” (Jun 2020)

• FAR 52.203-11, “Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions” (Sept 2007)

• FAR 52.203-12, “Limitation on Payments to Influence Certain Federal Transactions” (Jun 2020)

• FAR 52.204-7, “System for Award Management” (Oct 2018)

• FAR 52.204-13, “System for Award Management Maintenance ” (Oct 2018)

• FAR 52.204-16, “Commercial and Government Entity Code Reporting” (Aug 2020)

• FAR 52.204-17, “Ownership or Control of Offeror” (Aug 2020)

• FAR 52.204-18, “Commercial and Government Entity Code Maintenance” (Aug 2020)

• FAR 52.204-20, “Predecessor of Offeror” (Aug 2020)

• FAR 52.204-27, “Prohibition on a ByteDance Covered Application” (Jun 2023)

• FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (Dec 2022)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive

Orders” (Mar 2023)

• FAR 52.232-39, “Unenforceability of Unauthorized Obligations” (Jun 2013)

• FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors” (Mar 2023)

The following subparagraphs of FAR 52.212-5 are applicable:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Mar 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

_X_ (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].

_X_ (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. (NOV 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (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.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (SEP 2021) 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.

_X_ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAT 2023)( 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 Concerns (OCT 2022) ( 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 (OCT 2022) ( 15 U.S.C. 637(m)).

https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30

__ (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 (SEP 2021) ( 15U.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 (DEC 2022) (E.O.13126).

__ (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.

_X_ (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.

_X_ (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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).

https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11

__ (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 (Jun2014) 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 (Jun2016) (E.O. 13693).

__ (47)(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

_X_ (48)(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 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 (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26…