Solicitation Attachment.pdf
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- Attached to
- USCG Lubricants Testing Federal contract opportunity
- Solicitation number
- 70Z04025QSSDV0005
About this file
This document is a solicitation for the United States Coast Guard (USCG) for lubricant and coolant testing services. The solicitation (Number 70Z04025QSSDV0005) seeks a fixed-price Requirements contract for analyzing oil and coolant samples from USCG assets, with one 12-month base period and four 12-month option periods. The primary objectives include monitoring lubricant/coolant conditions, detecting potential equipment issues, and supporting Conditions Based Maintenance programs.
The contract will involve multiple types of analysis, including Used Oil Analysis across five test slates, Coolant Analysis (Basic and Advanced), Wear Particle Analysis, and providing sample bottle kits. Estimated quantities vary by analysis type, ranging from 150 to 2,800 tests per year. The contractor must provide comprehensive testing services, including sample collection, transportation, laboratory analysis, reporting, and maintaining an online database. Delivery timeframes are set at two business days after order receipt, with all reports shipped to the USCG Surface Forces Logistics Center in Baltimore, Maryland. The solicitation is unrestricted and requires detailed technical and past performance submissions along with pricing information.
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| File | Type | Posted |
|---|---|---|
| A00001 Page 2.docx | DOCX document | |
| A00001 Page 1.pdf | ||
| SOW.docx | DOCX document | |
| Pricing Sheet.pdf | ||
| SF-1449.pdf |
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Text version
70Z04025QSSDV0005
ADDENDUM TO SF-1449
SCHEDULE OF SUPPLIES/SERVICES
BACKGROUND
The United States Coast Guard relies on analysis of lube oil and coolant of assets’ major equipment to monitor lubricant/coolant condition, and to maintain awareness of developing or impending component problems that may be detected early by analysis of fluids. Additionally, fluid testing and analysis plays a key role in ongoing efforts to increase utilization of Conditions Based Maintenance programs.
TYPE OF CONTRACT
The solicitation will result in the award of one (1) fixed price Requirements contract, consisting of one (1) 12- month base period and four (4) 12-month options period. Requirements contract is defined in the Federal Acquisition Regulation (FAR) Clause 52.216-21, Requirements, as stated on page 12.
ORDERING
Only firm-fixed price orders shall be placed under this contract. Order limitations are defined in FAR Clause 52.216-19. Orders will be placed by a Requiring Activity via an individual task order. Each individual Coast Guard unit is responsible for its order and payment of invoices submitted against their individual orders. Only those services contained in the Schedule may be ordered under this contract.
Any Coast Guard warranted Contracting Officer can place an order against this contract in accordance with the stated terms and conditions. No Government representative, other than the assigned Contracting Officer, has the authority to alter the terms and conditions of this contract.
a. All supplies and services shall be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, as stated on page 11.
b. Any Coast Guard warranted Contracting Officer is authorized to issue orders under this contract.
QUANTITIES
The quantities shown for all CLINS reflect estimated quantities only.
WAGE RATE DETERMINATION
This contract will be subject to wage determination rate 2015-4265; Revision Number 29; Last date of revision 12/23/2024.
SCHEDULE OF SUPPLIES and/or SERVICES
BASE YEAR:
CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE
0001 Used Oil Analysis-Test Slate 1 2800 Each
0002 Used Oil Analysis-Test Slate 2 2400 Each
0003 Used Oil Analysis-Test Slate 3 250 Each
0004 Used Oil Analysis-Test Slate 4 1700 Each
0005 Used Oil Analysis-Test Slate 5 150 Each
0006 Coolant Analysis- Coolant Basic 600 Each
0007 Coolant Analysis- Coolant Advanced 600 Each
0008 Wear Particle Analysis- Analytical Ferrography 1400 Each
0009 Sample Bottle kits w/mailers 1400 Each
Total:
OPTION YEAR ONE:
1001 Used Oil Analysis-Test Slate 1 2800 Each
1002 Used Oil Analysis-Test Slate 2 2400 Each
1003 Used Oil Analysis-Test Slate 3 250 Each
1004 Used Oil Analysis-Test Slate 4 1700 Each
1005 Used Oil Analysis-Test Slate 5 150 Each
1006 Coolant Analysis- Coolant Basic 600 Each
1007 Coolant Analysis- Coolant Advanced 600 Each
1008 Wear Particle Analysis- Analytical Ferrography
1400 Each
1009 Sample Bottle kits w/mailers 1400 Each
OPTION YEAR TWO:
2001 Used Oil Analysis-Test Slate 1 2800 Each
2002 Used Oil Analysis-Test Slate 2 2400 Each
2003 Used Oil Analysis-Test Slate 3 250 Each
2004 Used Oil Analysis-Test Slate 4 1700 Each
2005 Used Oil Analysis-Test Slate 5 150 Each
2006 Coolant Analysis- Coolant Basic 600 Each
2007 Coolant Analysis- Coolant Advanced 600 Each
2008 Wear Particle Analysis- Analytical Ferrography
1400 Each
2009 Sample Bottle kits w/mailers 1400 Each
OPTION YEAR THREE:
3001 Used Oil Analysis-Test Slate 1 2800 Each
3002 Used Oil Analysis-Test Slate 2 2400 Each
3003 Used Oil Analysis-Test Slate 3 250 Each
3004 Used Oil Analysis-Test Slate 4 1700 Each
3005 Used Oil Analysis-Test Slate 5 150 Each
3006 Coolant Analysis- Coolant Basic 600 Each
3007 Coolant Analysis- Coolant Advanced 600 Each
3008 Wear Particle Analysis- Analytical Ferrography
1400 Each
3009 Sample Bottle kits w/mailers 1400 Each
OPTION YEAR FOUR:
4001 Used Oil Analysis-Test Slate 1 2800 Each
4002 Used Oil Analysis-Test Slate 2 2400 Each
4003 Used Oil Analysis-Test Slate 3 250 Each
4004 Used Oil Analysis-Test Slate 4 1700 Each
4005 Used Oil Analysis-Test Slate 5 150 Each
4006 Coolant Analysis- Coolant Basic 600 Each
4007 Coolant Analysis- Coolant Advanced 600 Each
4008 Wear Particle Analysis- Analytical Ferrography
1400 Each
4009 Sample Bottle kits w/mailers 1400 Each
OPTIONS
Each option extending the term of this contract shall be for a period of one (1) year from the effective date of each option.
DELIVERIES OR PERFORMANCE
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)
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 www.acquisition.gov.
NUMBER TITLE DATE
52.203-3 52.242-15
Gratuities Stop-Work Order
APR 1984
AUG 1989
52.247-34 F.O.B. Destination NOV 1991
FAR 52.211-8 TIME OF DELIVERY (JUNE 1997) (ALT. I, APR 1984)
a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM QUANTITY PERIOD OF
PERFORMANCE
DELIVERY TIMEFRAME
(Excluding weekends and Federal holidays)
All CLIN's As Required Est. 09/16/25-09/15/30 _2 business days after receipt of order
The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
http://www.acquisition.gov/
OFFEROR'S PROPOSED DELIVERY SCHEDULE
ITEM QUANTITY PERIOD OF
PERFORMANCE
DELIVERY TIMEFRAME
(excluding weekends and Federal holidays)
Base Year - CLINs 0001-0009 As Required Est. 09/16/25-09/15/26 __ business days after receipt of order Option Year 1 - CLINs 1001-1009 As Required Est. 09/16/26-09/15/27 __ business days after receipt of order Option Year 2 - CLINs 2001-2009 As Required Est. 09/16/27-09/15/28 __ business days after receipt of order Option Year 3 - CLINs 3001-3009 As Required Est. 09/16/28-09/15/29 __ business days after receipt of order Option Year 4 - CLINs 4001-4009 As Required Est. 09/16/29-09/15/30 __ business days after receipt of order
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of an offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish the offeror with an award or notice of an award not later than the day the award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through ordinary mail, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be determined unacceptable and may be rejected.
SHIPPING DESTINATION(S)
All reports ordered under this contract shall be shipped to the following address:
USCG SFLC ESD
707 E. Ordnance Road, Suite 410 Baltimore, MD 21226-5000 Attn: Christopher.J.Ochall@uscg.mil
BAR CODE LABELS
The Contractor's facility shall be capable of providing printed barcode labels through its web-based reporting system for easy tracking and error free data entry of samples.
CONTRACT ADMINISTRATION DATA
ADDRESS OF CORRESPONDENCE
All correspondence, except as otherwise specified, shall be delivered to the following address:
U.S. Coast Guard Surface Forces Logistics Center C&P3, Shared Services Division (SSD) Attn: Seth Andrew, Contract Specialist 707 E. Ordnance Road Baltimore, MD 21226-5000
M/F: Contract Number: To be furnished at the time of award Task Order Number: To be furnished with each individual task order
INVOICE PAYMENT INSTRUCTIONS
Electronic Submission of Payment Requests
(a) Definitions. As used in these instructions -
(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment- request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.
(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).
The contractor will submit payment requests using the blank form in IPP.
(c) Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.
http://www.ipp.gov/ http://www.uscg.mil/fincen/IPP/
RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER
INVOICE
For use in the event your firm receives a contract because of this solicitation, designated below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.
NAME:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
EMAIL ADDRESS:
UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL
(a) The Contractor shall not accept any instructions issued by any person employed by the U.S.
Government or otherwise other than the Contracting Officer or the Contracting Officer's Representative acting within the limits of their authority. A Contracting Officer's Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.
(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.
GOVERNMENT REPRESENTATIVES
(a) The Government may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.
(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.
TERMS AND CONDITIONS
FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the U.S. Coast Guard Surface Forces Logistics Center, Contracting & Procurement Branch Three Section Chief, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.
FAR 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
Such orders may be issued from 11 March 2025 through 10 March 2030.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the
The government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of ONE VESSEL.
(2) Any order for a combination of items more than SEVEN VESSELS; or
(3) A series of orders from the same ordering office within THIRTY (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
FAR 52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within ONE (1) calendar day prior to the expiration of this contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.
FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (SEPT 2013) (DHS-USCG DEVIATION 14-01)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C.
2409, as described in section 3.908 of the FAR.
(c) The Contractor shall insert the substance of this clause, including paragraph (c), in all subcontracts over the simplified acquisition threshold.
FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
CONTRACTING OFFICER'S REPRESENTATIVE (COR)
A Government employee may designate, in writing, by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.
CONTRACTOR PERFORMANCE EVALUATION
(A) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15.
All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.
(B) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The Contractor may be allowed 30 days to respond to the SLFC's assessment of its performance entered into CPARS. The Contractor's response, if any, will be made part of the CPAR system at https://www.cpars.gov/index.htm.
(C) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor's record of conforming to contract requirements and to standards of good workmanship; the Contractor's record of forecasting and controlling costs; the Contractor's adherence to contract schedules, including the administrative aspects of performance; the Contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor's record of integrity and business ethics, and generally, the Contractor's business-like concern for the interest of the customer.
http://www.cpars.gov/index.htm
(D) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except:(1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.
PRIME CONTRACTOR REPRESENTATIVE:
Name:
Email:
Telephone:
ALTERNATE CONTRACTOR REPRESENTATIVE:
Name:
Email:
Telephone:
HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS
ACQUISITION OF COMMERCIAL ITEMS (JUL 2023)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components.
The provision or clause in effect is based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
(a) Provisions.
____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
____3052.247-70 F.o.B. Origin Information.
____Alternate I ____Alternate II ____3052.247-71 F.o.B.Origin Only.
_X_ 3052.247-72 F.o.B. Destination Only.
(b) Clauses.
____3052.203-70 Instructions for Contractor Disclosure of Violations.
____3052.204-71 Contractor Employee Access.
____Alternate I ____Alternate II ____3052.204-72 Safeguarding of Controlled Unclassified Information.
____Alternate I ____3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.
_X__3052.205-70 Advertisement, Publicizing Awards, and Releases.
____Alternate I ____3052.209-72 Organizational Conflicts of Interest.
____3052.209-73 Limitation on Future Contracting.
____3052.215-70 Key Personnel or Facilities.
____3052.216-71 Determination of Award Fee.
____3052.216-72 Performance Evaluation Plan.
____3052.216-73 Distribution of Award Fee.
____3052.217-91 Performance. (USCG) ____3052.217-92 Inspection and Manner of Doing Work. (USCG) ____3052.217.93 Subcontracts. (USCG) ____3052.217.94 Lay Days. (USCG) ____3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____3052.217.97 Discharge of Liens. (USCG) ____3052.217-98 Delays. (USCG) ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) ____3052.217-100 Guarantee. (USCG) ____3052.219-71 DHS Mentor Protégé Program.
____3052.228-70 Insurance.
____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228.92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports.
_X__3052.242-72 Contracting Officer's Representative.
____HSAR 3052.249-90 Contract Termination (USCG).
(End of clause)
HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES
(JUN 2006)
(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this provision, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this provision:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—
(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) Warrants;
(ii) Options;
(iii) Contracts to acquire stock;
(iv) Convertible debt instruments;
(v) Others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
_ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;
_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of provision)
FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2025)
(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 Covered Entities (Dec 2023) (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) 52.232-40, 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.]
_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. 4655).
(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.)
(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(6) [Reserved].
(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub.
L. 115– 390, title II).
(ii) Alternate I (Dec 2023) of 52.204-30.
_x_ (12) 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_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
(16) 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).
(17) [Reserved] (18)
(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.
(19)
(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_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
_x_ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
_x_(iii) Alternate II (Nov 2016) of 52.219-9.
_ (iv) Alternate III (Jun 2020) of 52.219-9.
_ (v) Alternate IV (Sep 2023) of 52.219-9.
(22)
(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.
(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
_x_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C.
657f).
x (26)
(i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
(27) 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)).
(28) 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)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
_x_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
(ii) Alternate I (Feb 1999) of 52.222-26.
_x_ (35)
(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_ (36)
(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_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (39)
(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).
(40) 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.)
(41)
(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.)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
(46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
(47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(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.
(49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 (Jan 2025) of 52.225-3.
(iv) Alternate III (Feb 2024) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(50) 52.225-5, Trade Agreements (NOV 2023) (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 (Nov 2007) (42 U.S.C. 5150).
_x_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(57) 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).
(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
(65)
(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:
[Contracting Officer check as appropriate.] _x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_x_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.
chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
_x_ (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).
(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent
Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 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).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115– 390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219- 8 in lower-tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
FAR 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (SEPT 2023)
NOTE: Proposals that fail to follow these submission requirements shall be determined unacceptable and may be eliminated from further consideration.
Offerors are required to submit the following three (3) volumes in response to this solicitation:
The firewall utilized by the Government contracting office does not authorize or accept zip files.
Technical proposals submitted in response to this Solicitation shall describe the technical approach, organization and methodologies to be utilized to meet or exceed the solicitation requirements, to include at a minimum, the information identified in the "Technical Capability" section. Proposals shall not exceed ten (10) pages in length, including resumes.
All information must be presented in sufficient depth to allow the Government to make a comprehensive evaluation of the Offeror's understanding of the Statement of Work (SOW) and the Offeror's capability for successful performance of the SOW. A simple reiteration of SOW requirements will not be acceptable. The proposal should demonstrate a clear, thorough understanding and describe Offeror capabilities in a concise, logical manner and should not contain superfluous material not directly related to the solicitation.
General statements offered as the only evidence of compliance with the solicitation requirements, such as: the contractor can or will comply with the solicitation requirements, that standard procedures and well-known techniques will be used, or statements which paraphrase the solicitation requirement in whole or in part will not be considered as compliant with the solicitation requirements and may constitute a basis for the rejection of the proposal.
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