Solicitation IDIQ BME AHU System 2024.doc
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- Solicitation number
- 191D3224R0028
- Issued by
-
Department of State
About this file
This document is a Solicitation for a Firm Fixed Price Preventive Maintenance Contract of the Air Handling Units and Associated Motor Starters/VFD's System at the U.S. Embassy compound in Jakarta, Indonesia. The contract will be for a one-year base period with four one-year option periods. The solicitation requires preventive maintenance services for 22 air handling units and 2 make-up air units. Pricing is requested for semi-annual and annual services. The solicitation is unrestricted, with a small business set-aside. Offers are due by September 13, 2024 and the contract will be awarded to the lowest priced, acceptable, responsible offeror. The Performance Work Statement details the maintenance requirements and inspection schedule for the air handling equipment.
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Cover Page SF1449
| SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 |
| 1. REQUISITION NUMBER |
PR12693115
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4.ORDER NUMBER
5. SOLICITATION NUMBER
191D3224R0028
6.SOLICITATION ISSUE DATE
August 23, 2024
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Widodo Winaskita, Contracting Assistant
b. TELEPHONE NUMBER(No collect calls)
(021) 5083 1178
8. OFFER DUE DATE/ LOCAL TIME
September 13, 2024
9. ISSUED BY
CODE
| 10. THIS ACQUISITION IS |
| 11. DELIVERY FOR FOB |
| 12. DISCOUNT TERMS |
Contracting Office
American Embassy Jakarta
Jl. Medan Merdeka Selatan No. 5
FORMCHECKBOX
UNRESTRICTED
FORMCHECKBOX
SET ASIDE: % FOR
FORMCHECKBOX
SMALL BUSINESS
DESTINATION UNLESS BLOCK IS MARKED
FORMCHECKBOX
SEE SCHEDULE
Jakarta Pusat
FORMCHECKBOX
HUBZONE SMALL BUSINESS
FORMCHECKBOX
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
FORMCHECKBOX
8(A) 13b. RATING
NAICS:
SIZE STD:
14. METHOD OF SOLICITATION
FORMCHECKBOX
RFQ
FORMCHECKBOX
IFB
FORMCHECKBOX
RFP
15. DELIVER TO
16. ADMINISTERED BY
17a. CONTRACTOR/
OFFEROR
FACILITY
18a. PAYMENT WILL BE MADE BY
TELEPHONE NO.
Financial Management Center American Embassy Jakarta
Jl. Medan Merdeka Selatan No. 5
Jakarta Pusat
FORMCHECKBOX
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 FORMCHECKBOX
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
| 1. |
| Preventive Maintenance Contract of the Air Handling Units & Associated Motor Starters/VFD’s System at US. Embassy Compound, Jakarta, Indonesia |
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
FORMCHECKBOX
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED.
FORMCHECKBOX
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED.
FORMCHECKBOX
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___2__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
FORMCHECKBOX
29.AWARD OF CONTRACT: REF. _________________ OFFER DATED _______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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)
Kevin S. Allen 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 1449 (REV 4/2002)
PREVIOUS EDITION IS NOT USABLE
Computer Generated
Prescribed by GSA - FAR (48 CFR) 53.212
TABLE OF CONTENTS
Section 1 - The Schedule
· SF 1449 cover sheet
· Continuation To SF-1449, RFQ Number 191D3224R0028, Prices, Block 23
· Continuation To SF-1449, RFQ Number 191D3224R0028, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
· Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property
Section 2 - Contract Clauses
· Contract Clauses
· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12 Section 3 - Solicitation Provisions
· Solicitation Provisions
· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12 Section 4 - Evaluation Factors
· Evaluation Factors
· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12 Section 5 - Representations and Certifications
· Offeror Representations and Certifications
· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449, RFQ NUMBER 191D3224R0028
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I.
PERFORMANCE WORK STATEMENT
A. The purpose of this firm fixed price purchase order is to for Preventive Maintenance of the Air Handling Unit at US Embassy Jakarta. in accordance with Attachment A.
B. The contract will be for a one-year period from the date of the contract award, with 4 (four) one-year options.
QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.
| Performance Objective |
| Scope of Work Paragraphs |
| Performance Threshold |
Services.
Performs all Preventive Maintenance of the Air Handling Unit services set forth in the scope of work.
| Section 1 |
| All required services are performed and no more than one (1) customer complaint is received per month. |
1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
2. STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.
3. PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
MINIMUM AND MAXIMUM AMOUNTS
During this contract period, the Government shall place orders totaling a minimum of 1 (one) Semi Annual or Annual Service. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 12 (twelve) Semi Annual or Annual Services. This reflects the contract maximum for this period of performance.”
I. PRICING
This is a firm fixed-price contract with 4 (four)-year options.
(a) The Contractor shall provide the services for the base period of the contract at the rates shown below and any option years exercised by the Government.
(b) The prices listed below shall include all labors, materials, overhead, and profit.
Line item prices also include VAT, which will be shown separately on invoices.
2.1. BASE PERIOD
Option Term:
12 month period after award:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Semi Annual |
| 1 |
| 002 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Annual |
| 1 |
Sub Total
VAT
Total Base Year
2.2. FIRST OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of base year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Semi Annual |
| 1 |
| 002 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Annual |
| 1 |
Sub Total
VAT
Total 1st Opt Year
2.2. SECOND OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of first option year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Semi Annual |
| 1 |
| 002 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Annual |
| 1 |
Sub Total
VAT
Total 2nd Option Year
2.2. THIRD OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of second option year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Semi Annual |
| 1 |
| 002 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Annual |
| 1 |
Sub Total
VAT
Total 2nd Option Year
2.2. FOURTH OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of third option year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Semi Annual |
| 1 |
| 002 |
| Air Handling & Make-up Air Units |
| 1 lot |
| Annual |
| 1 |
Sub Total
VAT
Total 4th Option Year
GRAND TOTAL PRICE
Base Year Total:
First Option Year Total:
Second Option Year Total:
Third Option Year Total:
Fourth Option Year Total:
Sub T o t a l
V A T
Grand Total
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are 11%.
CONTINUATION TO SF-1449,
RFQ NUMBER 191D3224R0028
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I.
GENERAL INFORMATION:
The United States Embassy Jakarta requires professional services and contractor cost proposals to perform preventive maintenance services of the facility’s Air Handling Units.
Contractor shall provide all materials, supervision, labor, tools and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use safety protection while all work is performed. Any questions or injuries shall be brought to the attention of the Post Occupation Safety and Health Officer (POSHO) immediately. The SDS copies will be provided to the COR for approval.
The Government has the following manuals:
· Trane Custom Central Air Handling Unit and Energy Recovery Unit (MAU) O&M Library.
· Trane Modular Central Air Handling Unit O&M Library
II.
DESCRIPTION OF EQUIPMENT *:
*Please see attachment at the end of this sheet for more details
· Air Handling Unit (AHU) – Trane - Model TCPAID001V2M3020S00 (1 unit)
· Air Handling Unit (AHU) – Trane - Model TCPAID002V2M3020S00 (7 unit)
· Air Handling Unit (AHU) – Trane - Model TCPAID003V2M3020S00 (10 unit)
· Air Handling Unit (AHU) – Trane - Model TCPAID005V2M3020S00 (1 unit)
· Make-up Air Unit (MAU) - Trane - Model TCPAID004V2M3320SA00 (2 units)
· Air Handling Unit (AHU) - Trane - Model CSAA008UA (2 units)
SAFETY AND SPECIAL INSTRUCTIONS:
1. Follow site safety procedures and supervisor’s instructions.
2. Schedule outage with operating personnel.
3. Use extreme caution when climbing access ladders.
4. Perform applicable lockout/tag out steps of site safety procedures.
5. Lockout and disconnect the main power before tightening the main supply lugs in order to avoid the hazard of electrical shock, which could result in serious personal injury or death.
6. Record and report equipment damage or deficiencies.
7. Review and follow the manufacturer’s O&M instructions.
8. Record results in the equipment history log.
9. Allow only qualified personnel to do maintenance work on this equipment.
10. Record results in the equipment history log.
11. Check manufacturer’s specifications for the maximum number of plugged tubes.
12. Allow only qualified personnel to do maintenance work on this equipment.
III. INSPECTION & MAINTENANCE SCHEDULE
AIR HANDLING UNITS
| No |
| Item Description |
| Semi Annual |
(6 months) Annual
| 1 |
| Air Handling Units & Make-up Air Units |
| ( |
| ( |
MAINTENANCE PROCEDURES:
Semi-Annually
(T)ools, (S)afety Equipment, and (M)aterials Required
1 Mechanics tool set.
2 Vacuum and cleaning materials.
3 Biocide strips.
4 Replacement filters.
Procedures
1. Check, clean, and adjust grills, dampers, vanes, linkages as required.
2. Check filters and change if necessary (pre-filters only on chem/bio units).
3. Inspect air hoods and louvers for damage and debris.
4. Inspect bird screens for damage and debris. Remove dead birds.
5. Inspect mist eliminators for damage, dirt and debris.
6. Ensure condensate drain lines are clear and free running. Service condensate pumps, if equipped. Treat condensate pans with an EPA approved biocide.
7. Check temperatures and pressures.
8. Check for unusual noise, vibration, leakage.
9. Restore to service.
10. Clean up work area and remove trash
Annually
(T)ools, (S)afety Equipment, and (M)aterials Required
1. Mechanic’s tool set.
2. Cleaning equipment and materials.
3. Vacuum.
4. Hose and bucket for cleaning strainers.
5. Biocide strips.
6. Lubricants and grease gun (Polyrex EM Grease for motors, silicon lubricant for dampers).
7. Vibration analysis kit.
8. Infrared imaging.
9. Refrigerant leak test equipment (Dx Units only)
10. Megger.
Procedures
1. Pre-work operational tests with unit operating:
2. Check for unusual noise, vibration, leakage.
3. Perform vibration analysis. Record corrective measures if needed.
4. Perform thermal analysis. Record corrective measures if needed.
5. Stop the unit and service the unit casing and ducting:
6. Clean interior and exterior of unit with wiping cloth and a vacuum.
7. Inspect panels for damage.
8. Check and repair damaged insulation.
9. Check doors, handles, latches and hinges for proper operation.
10. Inspect door gaskets for damage and proper seal.
11. Check soundness of the unit structure.
12. Check, clean, and adjust grills, dampers, vanes, linkages as required.
13. Check damper actuators and linkage for proper operation. Adjust linkage on dampers if out of alignment.
14. Inspect and lubricate mechanical connections of dampers sparingly if necessary.
15. Inspect air hood and air louvers for damage and debris.
16. Inspect bird screens for damage and debris. Remove dead birds.
17. Inspect mist eliminators for damage, dirt and debris.
18. Service the unit fans:
19. Check fan housing, wheel, shaft, frame, and inlet vanes for damage, wear, loose parts, dirt and debris.
20. Check fan blades for dust buildup and clean if necessary.
21. Check fan blades and moving parts for cracks and excessive wear.
22. Check mounting bolts, set screws, etc. for security.
23. Service the coils and fluid systems:
24. Inspect and clean coils if required. Don't use a pressure washer.
25. Check coils for leaking and adjust tightness of fittings when required. On direct expansion units, check for refrigerant leaks on all lines, valves, fittings, coils, etc. Submit a work order to repair any leaks found.
26. Use fin comb to straighten coil fins. (If required)
27. Flush and clean condensate pans and drains, remove all rust, prepare metal and paint where required. Treat condensate pans with an EPA approved biocide.
28. Ensure condensate drain lines are clear and free running. Service condensate pumps, if equipped.
29. Check and clean strainers.
30. Cycle all water valves two times.
31. Check filters and change if necessary (pre-filters only on chem/bio units).
32. Service the motors:
33. Clean exterior of motor surfaces of soil accumulation.
34. Clean motor ventilation ports.
35. Check condition of extended lubrication lines when present.
36. Evaluate motor bearings and lubricate if necessary. (See manufacturer literature)
37. Check adjustable fan motor base and mounting hardware for loose parts. Tighten as necessary.
38. Check adjustable fan motor base for damage.
39. Check grounding straps for tightness.
40. Check motor insulation resistance. (Do not megger check variable speed drive units.)
41. Perform operational and running checks:
42. Check for unusual noise, vibration or leakage.
43. Check unit sensors for proper readout at the building automation system.
44. Perform vibration and thermal analysis to verify correction of any pre-test problems.
45. Record motor running amps at 100 percent frequency and air loading.
46. Restore unit to service.
47. Clean up work area and remove trash
MOTOR STARTER /VARIABLE FREQUENCY DRIVE (5 HP TO LESS THAN 100 HP):
MAINTENANCE PROCEDURES:
Annually:
1. Vacuum dust and dirt from heat sink fins
2. Check ventilation fans for proper operation and clean as needed.
3. Check line voltage, motor & output phase balance
4. Complete RCM Procedure CM-0002 (Qualitative Infrared Testing).
5. Visually inspect for broken parts, contact arcing, or any evidence of overheating.
6. Check motor nameplate for current rating and controller manufacturer’s recommended heater size (report discrepancy to supervisor).
7. Check line and load connections for tightness (check manufacturer’s instructions for torque specifications).
8. Check heater mounting screws for tightness.
9. Check all control wiring connections for tightness.
10. On units equipped with motor reversing capacity, check mechanical interlock.
11. On units equipped with two-stage starting, check dash pots and timing controls for proper operation. Adjust as required.
12. On units equipped with variable speed starters:
a. Record the VFD parameter settings using MCT-10
b. Confirm the VFD doors and covers are in place and properly closed.
c. Check tightness of connections to resistor bank.
d. Check resistor coils and plates for cracking, broken wires, mounting and signs of overheating. Clean as required.
e. Check tightness of connections to drum controller.
f. Check contacts of drum controller for arcing and overheating. Apply a thin film of lubricant to drum controller contacts and to rotating surfaces.
13. Check starter contact connections by applying a thin film of black contact grease to line and load stabs, operate contacts and check surface contact.
14. Lubricate all moving parts with proper lubricant.
15. Clean interior of cabinet.
16. Clean exterior of cabinet.
17. Energize circuit and check operation of starter and any pilot lights. Replace as required.
| No. |
| Main-Asset Type |
| Asset ID |
| Asset Name |
| Manufac |
turer
| Model |
| Serial Number |
| In-Service Date |
| 1 |
| AIR HANDLER |
| 2692 |
| N-AHU-11 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00174 |
| 6/21/2018 |
| 2 |
| AIR HANDLER |
| 2966 |
| N-AHU-05 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00168 |
| 6/21/2018 |
| 3 |
| AIR HANDLER |
| 3296 |
| N-AHU-15 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00178 |
| 6/21/2018 |
| 4 |
| AIR HANDLER |
| 3727 |
| S-AHU-1 |
| TRANE |
| CSAA006UAL00 |
| K15G57746 |
| 6/21/2018 |
| 5 |
| AIR HANDLER |
| 4166 |
| N-AHU-07 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00170 |
| 6/21/2018 |
| 6 |
| AIR HANDLER |
| 4493 |
| N-MAU-02 |
| TRANE |
| TCPAID004V2M3320SA00 |
| M15H00184 |
| 6/21/2018 |
| 7 |
| AIR HANDLER |
| 4516 |
| N-AHU-14 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00177 |
| 6/21/2018 |
| 8 |
| AIR HANDLER |
| 4533 |
| N-AHU-13 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00176 |
| 6/21/2018 |
| 9 |
| AIR HANDLER |
| 5045 |
| N-AHU-17 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00180 |
| 6/21/2018 |
| 10 |
| AIR HANDLER |
| 5156 |
| N-AHU-06 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00169 |
| 6/21/2018 |
| 11 |
| AIR HANDLER |
| 2708 |
| S-AHU-2 |
| TRANE |
| CSAA008UAL00 |
| K15G55756 |
| 6/21/2018 |
| 12 |
| AIR HANDLER |
| 2843 |
| N-AHU-04 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00167 |
| 6/21/2018 |
| 13 |
| AIR HANDLER |
| 2917 |
| N-AHU-16 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00179 |
| 6/21/2018 |
| 14 |
| AIR HANDLER |
| 2963 |
| N-AHU-18 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00181 |
| 6/21/2018 |
| 15 |
| AIR HANDLER |
| 3141 |
| N-AHU-08 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00171 |
| 6/21/2018 |
| 16 |
| AIR HANDLER |
| 3188 |
| N-AHU-03 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00166 |
| 6/21/2018 |
| 17 |
| AIR HANDLER |
| 3486 |
| N-AHU-09 |
| TRANE |
| TCPAID002V2M3020S00 |
| M15H00172 |
| 6/21/2018 |
| 18 |
| AIR HANDLER |
| 3842 |
| N-AHU-01 |
| TRANE |
| TCPAID005V2M3020S00 |
| M15H00164 |
| 6/21/2018 |
| 19 |
| AIR HANDLER |
| 4178 |
| N-MAU-01 |
| TRANE |
| TCPAID004V2M3320SA00 |
| M15H00183 |
| 6/21/2018 |
| 20 |
| AIR HANDLER |
| 4250 |
| N-AHU-10 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00173 |
| 6/21/2018 |
| 21 |
| AIR HANDLER |
| 4285 |
| N-AHU-12 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00175 |
| 6/21/2018 |
| 22 |
| AIR HANDLER |
| 4475 |
| N-AHU-02 |
| TRANE |
| TCPAID001V2M3020S00 |
| M15H00165 |
| 6/21/2018 |
| 23 |
| AIR HANDLER |
| 4530 |
| N-AHU-19 |
| TRANE |
| TCPAID003V2M3020S00 |
| M15H00182 |
| 6/21/2018 |
Equipment List :
SECTION 2 - CONTRACT CLAUSES
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(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:
__ (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) 52.204-10, 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).
__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
( (9) 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).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (13) 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).
__ (14) [Reserved]
__ (15)
(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.
__ (16)
(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.
__ (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18)
(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.
__ (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.
__ (19)
(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.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
__ (23)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 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)).
__ (25) 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)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
__ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
( (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
__ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (31)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (32)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (33)
(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.
__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
( (36)
(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).
__ (37) 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.)
__ (38)
(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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41)
(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.
__ (42)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (44)
(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.
( (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49)
(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
( (52) 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).
__ (53) 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).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (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).
__ (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) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64)
(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. chapter67).
__ (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) ( 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).
__ (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 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 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).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiv)
(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).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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).
(xxii) 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.
(xxiii) 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.
(xxiv) 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.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Sep 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 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).
(D) 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).
(E) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(F) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.
(G) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(H) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(I) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(J) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(K) 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.
(L) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(M) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(N) 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).
(O) 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).
(P) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(Q) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(S)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(T) 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).
(U) 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.
(V) 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.
(W) 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.
52.229-12
TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (FEB 2021)
(a) Definitions. As used in this clause—
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means–
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c)
(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be—
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE INCORPORATED BY REFERENCE:
CLAUSE
TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANaGEMENT MAINTENANCE (OCT 2018)
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(AUG 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.204-27
PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.225-14
INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)
52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)
52.228-5
INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6
FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.204-9
PERSONAL IDENTIFY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.244-6
SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:
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