Solicitation 36C10G23R0001 VA Burial Flags.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

FOB ORIGIN

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C10G23R0001 09-29-2022

Justin Sink 202-480-1012 10-31-2022

12:00PM EDT

36C10G

U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

X

314999

500 Employees

NET 30

N/A

Service & Distribution Center

Building 37

P.O. Box 27

Hines IL 60141

36C10G

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

VAFSC

Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment)

Austin TX 78714-8917

1 (877) 489-6135

See CONTINUATION Page

This Request for Proposal (RFP) is for Interment Flags for

Department of Veteran Affairs (VA) in accordance with (IAW)

Section B.2 Price Schedule and Section B.4 Statement of Work

(SOW).

Questions are to be sent to Justin.Sink@va.gov and to

Terri.Duenas@va.gov by 3:00PM Eastern on October 7, 2022.

Proposals are due by 12:00PM Eastern on October 31, 2022.

Proposals shall be sent to Justin.Sink@va.gov and

Terri.Duenas@va.gov. Late responses may not be accepted.

See CONTINUATION Page

X X

X 1

Terri G. Duenas

VA-OPA-2021-D0537AE2

36C10G23R0001

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

C.4 52.216-4 Economic Price Adjustment-Labor and Material (Jan 2017)

C.5 52.216-18 ORDERING (AUG 2020)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.216-20 DEFINITE QUANTITY (OCT 1995)

C.8 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.9 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000).. 35

C.11 52.233-1 Disputes, Alternate I (DEC 1991)

C.12 52.247-29 F.O.B. ORIGIN (FEB 2006)

C.13 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.14 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.16 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 42

C.17 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(End of Clause)

C.18 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.19 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.20 VAAR 852.247-75 BILLS OF LADING (OCT 2018)

C.21 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.22 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 ADDENDUM to FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—

REPRESENTATION (JAN 2017)

E.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

E.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

E.11 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

EVALUATION (FEB 1999)

E.12 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.15 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

E.16 VAAR 852.273-70 LATE OFFERS (JAN 2003)

E.17 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

This is a definite quantity Firm-Fixed Price (FFP) with Economic Price Adjustment (EPA) acquisition for Burial Flags for Veterans Administration (VA) In Accordance With (IAW) Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services and Part 15, Contracting by Negotiation.

All Burial Flags shall be compliant with the specifications in the Federal Commercial Items Description (CID) A-A-52696, Commercial Item Description (CID) described in the Statement of Work (SOW).

Flag, National, Interment, 50% of Veterans Affairs Requirement, National Stock Number (NSN) 8345–00–656–1432, Contract Activity: Department of Veterans Affairs, Washington, DC.

In accordance with FAR 16.203, economic price adjustment is appropriate when the contracting officer determines that it is necessary to protect the contractor and the Government against significant fluctuations in labor and/or material costs and to provide for contract price adjustment in the event of changes in the contractor’s prices established at the time o f award.

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

TBD

b. GOVERNMENT:

Contracting Officer Terri G. Duenas U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 Terri.Duenas@va.gov

Contract Specialist Justin Sink U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400

Justin.Sink@va.gov

The Period of Performance for this contract is anticipated to be:

Base: 11/1/2022 – 10/31/2023

Option Year 1: 11/1/2023 – 10/31/2024 Option Year 2: 11/1/2024 – 10/31/2025 Option Year 3: 11/1/2025 – 10/31/2026 Option Year 4: 11/1/2026 – 10/31/2027 mailto:Terri.Duenas@va.gov mailto:Justin.Sink@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears upon inspection, acceptance, and receipt of properly prepared invoice.

4. VENDOR ELECTRONIC INVOICE SUBMISSION METHODS:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

5. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

1. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

3. FSC e-Invoice Contact Information: 1-877-353-9791

4. FSC e-invoice email: vafsccshd@va.gov

See https://www.fsc.va.gov/einvoice.asp for more information.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov https://www.fsc.va.gov/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NSP

Contractor shall provide Burial Flags IAW the Delivery Schedule.

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023

0001AA

1 EA ______________ _______________

Contractor shall provide 3,456 (1/2 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Base

0001AB

1 EA ______________ ________________

Contractor shall provide 6.912 (1 FTL) Burial Flags IAW the Statement

Contract Period: Base

0001AC

1 EA _______________ _________________

Contractor shall provide 10,368 (1-1/2 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Base

OPTIONAL CLIN: Contractor shall provide X,XXX Burial Flags (as ordered by contract modification)

Contract Period: Base

Contract Period: Option 1 POP Begin: 12-01-2023

POP End: 11-30-2024

1001AA

Contract Period: Option 1

1001AB

1 EA _______________

Contractor shall provide 6.912 (1 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Option 1

1001AC

Contractor shall provide 10,368 (1-1/2 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025

2001AA

Contract Period: Option 2

2001AB

Contract Period: Option 2

2001AC

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026

3001AA

Contractor shall provide 3,456 (1/2 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Option 3

3001AB

Contract Period: Option 3

3001AC

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027

4001AA

Contractor shall provide 3,456 (1/2 FTL) Burial Flags IAW the Statement of Work and Delivery Schedule.

Contract Period: Option 4

4001AB

Contract Period: Option 4

4001AC

Contract Period: Option 4

OPTIONAL CLIN: Contractor shall provide X,XXX Burial Flags (as ordered by contract modification)

Contract Period: Option 4

GRAND TOTAL

B.3 PACKAGING AND DELIVERY SCHEDULE

Delivery Size and Configuration: Each monthly delivery is designed to ensure only complete pallets of 288 flags (1 pallet = 288 flags) are delivered by the contractor to maximize a full truckload (FTL) (1 FTL = 6,912 flags = 24 pallets), for efficient and effective inventory control.

Receiving Report and Inspection: The pallets and cases are counted for each load and a receiving report is made to document the total amount ordered against the contract. Each load has a number of flags which are pulled and inspected. The full pallets are identical and easy to inventory.

Packaging and Mailing: Each flag shall be neatly folded and packaged in a new corrugated cardboard carton of appropriate size and design and of a sufficient strength that it can be used as a mailing stamped container without additional wrapping or reinforcing.

The carton shall be secured with gummed paper tape. Cartons may use gummed paper tape or reinforced clear adhesive mailing tape. No portion of the flag shall be exposed to the open air

(i.e., the carton shall be completely closed or sealed, and no portion of the flag shall be visible from outside the carton). Each flag will be packaged individually in a single carton and palletized without using an outer case. Flag cartons must be neatly stacked and tightly secured onto the pallet using corner protection, banding and shrink wrap.

The cartons shall be marked or stamped ONLY with the NSN, short description, contractor name, contract number and VA email address. The NSN is 8345-00-656-1432 and the short description shall read "Interment Flag 5 x 9 ½". Marking shall appear as follows:

NSN 8345-00-656-1432

Interment Flag 5 X 9 ½ Contractor Name: X Contract Number: X Email: Flags.lnterment@va.gov

Note: No contractor address, nor any other marking other than noted in the example above shall appear on the cartons.

The size of the boxes shall be 9" wide X 11" long X 3 1/2" deep.

Shipping: All shipments shall comply with the delivery quantity identif ied in the contract and subsequent modifications.

Delivery Schedule: The Delivery Schedule shall be incorporated in the contract at the time of award.

NOTE:

1. Each delivery is designed to ensure only complete pallets of 288 flags (1 pallet=288 flags) are delivered by the contractor to maximize a Full Truckload (FTL) (FTL = 6,912 flags = 24 pallets) or minimum ½ FTL (½ FTL = 3,456 flags = 12 pallets), enhancing inventory control.

mailto:Flags.lnterment@va.gov

2. If different delivery methods are available which reduce price or time, or both, then those methods shall be explored; however, no changes shall be made to the contract without bilateral agreement in writing between the contractor and Government (COR and CO).

3. If the contractor requests any variation from the delivery schedule, this must be agreed to in writing by the CO, following agreement from the COR and CO prior to deviation from the delivery schedule in advance of the delivery date. In each case, the Government requires deliveries in increments of ½ truckload = 3,456 flags = 12 pallets (for example, 1.0 truckload, 1.5 truckload, etc.). In no case shall any delivery/individual shipment contain less than ½ FTL.

Supply Chain Contingency: The delivery schedule is based upon current contract requirements at the time of contract award. If production or delivery is disrupted by supply chain-related factors that impact the contractor's schedule, the Government and Contractor will bi-laterally negotiate a revised delivery schedule that is mutually agreeable to both parties.

Changes to Delivery Schedule: Future changes to the delivery schedule due to supply chain-related factors may be approved without modification to the contract under the following conditions:

A. COR approval is sought and granted in writing via email transmission through the CO.

B. CO approval is sought and granted with a Notice to Proceed (NTP) in writing via email.

C. Vendor continues to bill only upon delivery acceptance by the Government.

B.4 STATEMENT OF WORK

1. Background

The VA provides interment flags as an entitlement/benefit for families of deceased Veterans.

The supplies of flags are stored at VA Medical Centers (VAMC), post offices, and VA cemeteries for issuance to the families of eligible deceased Veterans. The Office of Acquisition and Logistics Service and Distribution Center (SDC) supplies flags for Veterans Benefits Administration, and distributes them to VAMCs, VA Cemetery Offices, and United States Post Offices.

The interment flag is a consumable commodity provided to the families of deceased Veterans in accordance with Federal Benefits for Veterans, Dependents and Survivors Chapter 7, and

Burial and Memorial Benefits Burial Flags.

The VA will furnish a U.S. burial f lag to memorialize:

A. Veterans who served during wartime on or after Jan. 31, 1955.

B. Veterans who were entitled to retired pay for service in the Reserve or National Guard or would have been entitled if over age 60.

C. Members or former members of the Selected Reserve who served their initial obligation or were discharged for a disability incurred or aggravated in the line of duty or died while a member of the Selected Reserve.

2. Requirements

a. Warranty. The contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract and conform to the Federal Commercial Item Description and Public Law PL 105-261 section 1073. 5-foot hoist by 9-foot 6- inch flag in accordance with the Commercial Item Description (CID) A-A-52696, National Stock Number (NSN) 8345-00-656-1432 -FLAG, NATIONAL, UNITED STATES OF AMERICA, INTERMENT, with the Government specified changes as directed by the VA.

In accordance with Public Law (P.L.) 105-261, Section 1073, the interment (burial) f lags must be wholly produced in the United States from material wholly grown, created, and assembled in the United States (refer to Strom Thurmond National Defense Authorization Act (NDAA), which follows the CID). Mere compliance with the Buy American Act and Trade Agreement Act and the incorporated provisions in FAR 52.212-3 and FAR 52.212-5 is not sufficient to comply with the Public Law cited above. A copy of the specification for the stock numbered item and the aforementioned Public Law are included herein.

The Government reserves the right to inspect all f lags received for quality control purposes. A minimum of one flag per pallet per shipment will be inspected upon receip t using the criteria. If a systemic issue is discovered, additional flags will be inspected, and at the Government’s discretion, the entire shipment will be returned to the vendor at the vendors’ expense, for replacement.

b. Visual Examination. The finished interment flags shall be examined for the defects listed below. Failure of any of the tests listed shall be cause for rejection.

I. The dimensions of the flag are not within the tolerances allowed.

II. The flag is not of the specified materials or colors.

III. Wrong type of grommet. Grommet clinched excessively cutting cloth or clinched too loosely, grommet rotates. Grommet broken, malformed or contains rough or sharp edges.

IV. Wrong color thread. Stitches partially or completely missing. Seams improperly formed, material caught in unrelated stitching operation or ends of stitching not backstitched.

V. Raw edges not hemmed. Hems are uneven or on wrong side of flag.

VI. Wrong type of heading. Sides and ends of cloth of heading out of alignment.

VII. Stars have broken stitches, stitches not covering base cloth (front and back) or execution of embroidery not clear and distinct.

c. Tolerances. Provided that the following tolerances do not detract from the appearance of the flag or its durability, there shall be allowed a tolerance of plus or minus 2 percent for dimensions exceeding 4 inches, except that the maximum and minimum measurements of the same dimensions on a single flag shall not differ by more than 1 percent; a tolerance of plus or minus

1/4 inch shall be allowed for dimensions from 2 through 4 inches; and a tolerance of plus or minus 1/8 inch shall be allowed for dimensions that are less than 2 inches.

d. Quarterly Report. The Quarterly Report shall detail Vendor’s efforts towards achieving contractual milestones and document the overall status of the Contract. The Quarterly Report shall identify accomplishments to date, any/all diff iculties encountered, and document the number of flags delivered to date.

Each Vendor shall submit one (1) electronic copy of the following deliverable:

I. Quarterly Report:

Due Date: Within 30 calendar days following the completion of each reporting quarter (4 Quarterly reports each year by each Vendor) Medium/Format: MS office or Adobe Submit/Present to: Contracting Officer Representative/ Contract Specialist.

II. Invoices:

Due Date: Monthly after delivery and acceptance of flags Medium: MS Office or Adobe

Submit/Present To: Contracting Officer Representative/ Contract Specialist.

e. Specifications. The specifications for Burial Flags are noted in the Federal Commercial

Items Description (CID) A-A-52696, which follows below. These specifications for this contract are the same as those in Federal Specification CID-A-A-52696, except as noted in the CID

Section as follows:

NOTE: 2.1 The Standard for Yarns per inch, Warp, Duck, reads 84 for Cotton and Cotton-

Polyester. This standard is revised for this requirement to 34 yarns per inch for Cotton and Cotton-Polyester.

NOTE: 2.1 Although the Federal CID states in Salient Characteristics 2.1 that “The weave shall be plain with a mercerized finish,” VA, in conjunction with the Department of Heraldry, is granting a waiver of this requirement. Therefore, for any contract awarded as a result of this solicitation, the following shall apply: “The weave shall be plain with either a mercerized or non-mercerized finish, though mercerized finish is preferred.”

NOTE: 2.1.5 Heading is modified to specify the duck will be a minimum of 8.5 oz per square yard IAW Section 2.1.

NOTE: 2.1.6 Stitching. Paragraph is modified to state “the looper thread must be on the white portion of the flag.”

NOTE: 3.2 First Article Testing Samples. A total of six (6) complete interment flags shall be submitted for first article testing as specified by the solicitation requirements (see 52.212-1

Instructions to Offerors), unless the contractor has provided flags to VA within the past two years of the date of this solicitation.

INCH

POUND

A-A-52696

5 August 1996

COMMERCIAL ITEM DESCRIPTION

FLAG, NATIONAL, UNITED STATES OF AMERICA, INTERMENT (Tailored)

The General Services Administration has authorized the use of this commercial item description for all federal agencies.

1. SCOPE. This commercial item description covers the requirements for the United States of America interment flag. The intended use is to provide the flag of the United States for burial ceremonies of deceased military personnel and Veterans.

2. SALIENT CHARACTERISTICS.

2.1 Design and construction. The interment flag of the United States shall have a 5-foot hoist by 9-foot 6-inch fly, be constructed in accordance with the dimensions specified in The

Institute of Heraldry Drawing 5-1-17 and be made of 100 percent cotton. The cotton bunting shall be a two-ply yarn with a weight of at least 4.5 ounces per square yard with a minimum of

31 yarns per inch in the warp and 30 yarns per inch in the filling. The weave shall be plain with a mercerized finish. The finished cotton cloth shall show a colorfastness to light, water and soap equal to or better than a rating of “good” when tested in accordance with AATCC 16A, AATCC 61 and AATCC 132 test methods. The warp of the base cloth shall run in the direction of the stripes. The finished cloth shall conform to the physical requirements listed below when tested in accordance with the cited testing methods. The appearance of the flag shall have no apparent defects when viewed from a distance of 36 inches.

COTTON TEST METHOD

WEIGHT, OUNCES PER SQUARE YARD (minimum): ASTM D3776 Bunting 4.5

Duck 8.5

DISTRIBUTION STATEMENT A. Approved for public release, distribution is unlimited.

YARNS PER INCH: ASTM D3775

Warp: Bunting 31

Duck 34 Filling: Bunting 30

Duck 28

BREAKING STRENGTH IN POUNDS (Minimum): ASTM D5034

Warp: Bunting 50 Duck 100

Filling: Bunting 50

Duck 105

2.1.2 Flag design. The flag shall consist of 13 horizontal stripes, 7 red and 6 white, which shall alternate beginning and ending with a red stripe. On the face side, each stripe shall overlap the stripe beneath it, forming a shingle effect. The right vertical hem of the canton shall lay on top of the short stripes and the bottom hem of the canton shall lay over the first long white stripe. The four corners of the flag and of the canton shall be squared. All opposed edges or hems shall be parallel.

2.1.3 Canton. The canton shall be blue and constructed in accordance with the dimensions specified in The Institute of Heraldry drawing 5-1-17 (Figure 1). The canton shall contain 50 five-pointed machine embroidered white stars arranged in nine horizontal rows.

There shall be five rows of six stars and four rows of five stars which shall alternate beginning at the top and ending at the bottom with a row of 6 stars. Each star shall have one point upward. Stars shall be symmetrically arranged in horizontal, vertical and diagonal rows. The thread used for embroidery shall be:

• Front yarn face –30/2 ply – blended 50/50% -- polyester cotton – bleached white Bobbin yarn- 40/2 ply –100% polyester –bleached white.

• The design and stitch count of the embroidered stars shall be in accordance with The Institute of Heraldry Cartoon 3.718. Piecing of the canton is not allowed.

2.1.4 Flag colors. The colors for the flag shall match the cable numbers cited in the Tenth Edition of the Standard Color Card of America as follows:

COLOR CABLE NUMBERS

Old Glory Red 80108

Old Glory Blue 80075

White 80002

2.1.5 Heading. The flag heading shall be constructed as shown in The Institute of Heraldry Drawing 5-1-45B (Figure 2) with two grommets. The duck shall be made from

100 percent cotton duck, be white or in-the-gray, shall weigh between 7 ounces and

8.25 ounces per square yard, have two ply yarn in both the warp and filling with a breaking strength of not less than 105 pounds in the filling. The grommets shall be a commercial trade size 2 bright finish brass grommet with toothed washers. The turn-in of the header shall be 1.5 inches and be squared with the width of the flag.

2.1.6 Stitching. Seams, heading and hems shall be sewn with 9 to 11 stitches per inch.

Selvage hems shall be of type EBF-2. Stripes shall be joined by a double needle felled seam type LSc-2 using a 3/16 inch to 3/8-inch gauge machine with a greater than 3/32-inch margin.

Only the needle thread should be visible on the front side of the flag. The white looper thread in the 401 stitch shall always be on the back of the flag. The color of the thread for sewing the interment flag shall be a white 50/50 cotton-polyester blend or Type I or II, class 1 of MIL-DTL-

32072 except for a selvage or a raw edge that must be hemmed, then the thread shall be of the same color as the cloth. The colorfastness of the thread shall be equal to or better than the material on which it is to be used. The following shall apply:

a. White colored thread shall be used to sew the fly hem, the bottom canton hem with the white stripe, the seam joining the canton with the short stripes, the duck heading, and stripe hems between stripes. The fly hem shall not be less than ¾ inch in width and the stitch lines shall not be less than 3/16 inch apart.

b. Blue thread shall be used to sew the canton top hem when a top hem is necessary.

c. Red thread shall be used to sew the bottom or top red stripe hem when a hem is necessary.

3. QUALITY ASSURANCE PROVISIONS.

3.1 Contractor Certif ication. The contractor shall certify and maintain substantiating evidence that the product proposed meets the salient characteristics of the Commercial Item

Description, and that the product conforms to the producer’s own drawings, specifications, standards, and quality assurance practices. Substantiating evidence means manufacturer’s and/or raw-material vendor’s test results and certif ications. The Government reserves the right to require proof of such conformance prior to first delivery and thereafter as may be otherwise provided for under the provisions of the contract.

3.2 First Article Testing Samples. A total of six (6) complete interment flags shall be submitted for first article testing as specified by the solicitation requirements (see 52.212-1 Instructions to Offerors), unless the contractor has provided flags to VA within the past two years as of the date of this solicitation. Failure to supply samples shall remove vendor from further consideration for award.

3.2.1 Visual Examination. The f inished interment flags shall be examined for the defects listed below. Failure of any of the tests listed shall be cause for rejection of the test lot.

a. The dimensions of the flag are not within the tolerances allowed.

b. The flag is not of the specified materials or colors. An off-color shade seriously affects appearance.

c. Wrong type of grommet. Grommet clinched excessively cutting cloth or clinched too loosely, grommet rotates. Grommet broken, malformed or contains rough or sharp edges.

d. Wrong color thread. Stitches partially or completely missing. Seams improperly formed, material caught in unrelated stitching operation or ends of stitching not backstitched.

e. Raw edges not hemmed. Hems are uneven or on wrong side of flag.

f. Wrong type of heading. Sides and ends of cloth of heading out of alignment.

g. Stars have broken stitches, stitches not covering base cloth (front and back) or execution of embroidery not clear and distinct.

3.2.2 Tolerances. Provided that the following tolerances do not detract from the appearance of the flag or its durability, there shall be allowed a tolerance of plus or minus 2 percent for dimensions exceeding 4 inches, except that the maximum and minimum measurements of the same dimensions on a single flag shall not differ by more than 1 percent;

a tolerance of plus or minus 1/4 inch shall be allowed for dimensions from 2 through 4 inches;

and a tolerance of plus or minus 1/8 inch shall be allowed for dimensions that are less than 2 inches.

3.3 Regulatory requirement. The proposal/contractor is encouraged to use recovered materials in accordance with Public Law 94-580 to the maximum extent practical.

4. PACKAGING.

4.1 Preservation, packing and marking shall be as specified in the contract or order.

5. NOTES.

5.1 Source of Government documents. Copies of Federal documents are available from:

Department of the Navy

Defense Printing Service

Detachment Office

700 Robbins Avenue, Bldg. 4D Philadelphia, PA 19111-5093

5.1.1 Sources of non-Government documents.

The American Society for Testing and Materials (ASTM) Test Methods:

ASTM D3775 - Fabric Count of Woven Fabric

ASTM D3776 - Fabric, Woven, Mass per Unit Area (Weight)

ASTM D5034 - Fabrics, Textile (Grab Test), Breaking Force and Elongation of

5.1.2 The American Society for Testing and Materials (ASTM) - Applications for copies should be addressed to:

American Society for Testing and Materials

1919 Race Street Philadelphia, PA 19103-1187

5.1.3 American Association for Textile Chemists and Colorist (AATCC)

Test Methods:

AATCC 16A - Colorfastness to Light: Carbon-Arc Lamp, Continues

AATCC 61 - Colorfastness to Laundering, Home and Commercial:

Accelerated

AATCC 132 - Colorfastness to Dry-cleaning

5.1.4 American Association for Textile Chemists and Colorist (AATCC -

American Association for Textile Chemists and Colorist

P.O. Box 12215 Research Triangle Park, NC 27709

5.1.5 The Standard Color Reference of America, Tenth Edition -

The Color Association of the United States

343 Lexington Avenue

New York, NY 10016-1187

5.2 The Institute of Heraldry drawings and cartoons are available from:

The Institute of Heraldry

ATTN: Technical and Production Division

9325 Gunston Road, Room S112

Fort Belvoir, VA 22060-5579

5.3 MILITARY INTERESTS: CIVIL AGENCY COORDINATING ACTIVITY

GSA - FSS

VA - OSS

PREPARING ACTIVITY:

Army - IH Project Number 8345-0217

FIGURE 1 - FLAG, NATIONAL, UNITED STATES OF AMERICA 50 STAR UNION

FIGURE 2 - FLAG HEADINGS TYPE I, CLASS 2 AND CLASS 2A

CARTOON NO. 3.718

STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

Public Law 105-261

105th Congress

SEC. 1073. REQUIREMENT THAT BURIAL FLAGS FURNISHED BY THE

SECRETARY OF VETERANS AFFAIRS BE WHOLLY PRODUCED IN THE UNITED

STATES

(a) Requirement. —Section 2301 of Title 38, United States Code, as amended by section

517, is further amended by adding at the end the following subsection:

(g)(1) The Secretary may not procure any flag for the purposes of this section that is not wholly produced in the United States.

(2)(A) The Secretary may waive the requirement of paragraph (1) if the Secretary determines –

(i) that the requirement cannot reasonably be met; or

(ii) that compliance with the requirement would not be in national interest of the United

States.

(B) <<NOTE: Notice.>> The Secretary shall submit to Congress in writing notice of a determination under subparagraph (A) not later than 30 days after the date on which such determination is made.

(3) For the purpose of paragraph (1), a flag shall be wholly produced in the United States only if—

(A) the materials and components of the flag are entirely grown, manufactured, or created in the United States;

(B) the processing (including spinning, weaving dyeing, and finishing) of such materials and components is entirely performed in the United States; and

(C) the manufacture and assembling of such materials and components into the flag are entirely performed in the United States”.

(b) <<NOTE: Applicability. 10 USC 2301 note.>> Effective Date.—Subsection (g) of section 2301 of title 38, United States Code, as added by subsection (a), shall apply to flags procured by the Secretary of Veterans Affairs for the purposes of section 2301 of title 38, United States Code, after the end of the 30-day period beginning on the date of the enactment of the Act.

SECTION C - CONTRACT CLAUSES

C.1 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/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.2 52.204-19 Incorporation by Reference of Representations and

Certifications (DEC 2014)

The Contractor’s representations and certif ications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

(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).

(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 products and commercial services:

[X] (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. 2402).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[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. (NOV 2021) (31 U.S.C. 6101 note).

[X] (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 (SEP 2021) (15

U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (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 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (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)).

[X] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (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

(SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021)

(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 (SEP 2021) (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 (SEP 2021) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (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.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 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 (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (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).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off -the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (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 (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020)

(DEVIATION) (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), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (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. 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).

[X] (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. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC

2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (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:

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

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

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplif ied acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19,…