SP47W1-20-R-0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

08/06/2020

09/05/2020 3:00 PM ET

339999

SOLICITATION NUMBER: SP47W1-20-R-0001

TABLE OF CONTENTS

A. CONTINUATION OF STANDARD FORM 1449

Block 8

Block 9

Block 17a

Block 17b

Block 18b

Blocks 19-24 – Schedule of Supplies/Services

A.1.1. General Information…………………………………………………………………………..6

A.1.2. Supplies……………………………………………………………………………………….8

A.1.3. Excluded Items………………………………………………………………………………13

B. CAUTION NOTICES

CONTRACTOR CODE OF BUSINESS ETHICS

C. CONTRACT CLAUSES

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017)

Addendum to FAR 52.212-4………………………………………………………………………..18

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (AUG 2019)

FAR 52.211-16 Variation in Quantity (APR 1984)

FAR 52.216-19 Order Limitations (OCT 1995)

FAR 52.216-22 Indefinite Quantity (OCT 1995) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)…………………………………………………………………………………………………..28 DFARS 252.216-7006 Ordering (May 2011) DFARS 252.223-7001 Hazard Warning Labels (DEC 1991)………………………………………...30 DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

FAR 52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

FAR 52.204- 25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (Jan 2017)……………………………..41

FAR 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)……………………………………………………………………………….42

D. STATEMENT OF WORK

Electronic Commerce (eCommerce) Requirements Order Transmission Types……………………………………………………………………………45 FEDMALL Supplier Catalog Management AbilityOne Program…………………………………………………………………………………..47 Catalog Change Requests……………………………………………………………………………..47 Ordering Procedures

Delivery

Preservation, Packaging, Packing, Labeling and Marking (PPPL&M)

Invoicing and Payment

Customer Service Requirements

Contract Administration Data

Special Terms and Conditions Notice…………………………………………………………………………………………………65 Attachments DCSO 16.290-D local procurement notes (LPNs) for EPAs…………………………………………65

E. SOLICITATION PROVISIONS

FAR 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017)

Addendum to FAR 52.212-1………………………………………………………………………….67 Formatting Requirements……………………………………………………………………………..68 FAR 52.212-2 Evaluation-Commercial Items (Oct 2014)……………………………………………78 FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (DEC 2019) DFARS 252.225-7000 Buy American--Balance of Payments Program Certificate (NOV 2014) ……97

DFARS 252.225-7020 Trade Agreements Certificate—Basic (NOV 2014)…………………………98

DFARS 252.225-7018 Photovoltaic Devices—Certificate (DEC 2018)

FAR 52.203-2 Certificate of Independent Price Determination (APR 1985)

FAR 52.209-5 Certification Regarding Responsibility Matters (OCT 2015)

FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)

FAR 52.216-1 -- Type of Contract (APR 1984)

FAR 52.233-2 Service of Protest (SEP 2006)

DLAD 52.233-9001 Disputes—Agreement to Use Alternative Dispute Resolution (DEC 2016)

This page intentionally left blank.

A. CONTINUATION OF STANDARD FORM 1449

Block 8

Offer Due Date/Local Time: The date to submit proposals will be 6 August 2020 – 5 September 2020. The time for the receipt of proposals is hereby established as 3:00 P.M. Eastern Time (ET) on 5 September 2020. This solicitation is for a 30 day period.

Offerors are requested to submit complete proposals for all requirements, including all certifications, as specified in this solicitation. Proposals may be submitted at any time during the open period of the solicitation. Any proposal not received during the Open Period (on or between the Opening Date and its corresponding Closing Date) will not be evaluated and will be returned to the offeror. Federal Holidays are identified as those established by Federal law (5 U.S.C. 6103) and made available to the public by the Office of Personnel Management thru the following website: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.

Block 9

3.1 OFFER SUBMISSION INSTRUCTIONS

Contractors shall submit their offer documents only by email to the FEDMALL Offers Inbox:

FEDMALLOffers@dla.mil

Offer shall be submitted on or before the “Closing Date identified in Block 8. The “Time” shall always be depicted as “3:00 P.M./E.T. All email submissions must be less than 35 MB. If needed, you may submit multiple emails if the total file size exceeds 35 MB.

Late Quotes will be handled in accordance with Addendum Subparagraph (b)(12), FAR 52.212-1 of this solicitation.

SUBMISSION OF QUESTIONS

Should contractors have any questions with respect to this RFP, they should submit them, via email, to the FEDMALL Offers Inbox: FEDMALLOffers@dla.mil, with the subject “FEDMALL Solicitation SP47W1-20-R-0001 Questions.” Any technical questions, requests for clarification or requests for data in connection with this RFP must be submitted in writing on or before August 14, 2020 at 3P.M.

(Eastern Time) to allow DLA adequate time to provide correct answers to the questions submitted and to prevent any delays in the closing date of the RFP. The Contractor is strongly urged to follow-up the submission of any questions with the Contracting Officer to ensure that questions have been received.

Please use the FEDMALL question template, which is attached to the solicitation, to submit your questions. Questions not submitted on this template will not be considered for answers. A maximum of 5 questions per vendor are allowed.

HARD COPY PROPOSALS WILL NOT BE ACCEPTED.

http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ mailto:FEDMALLOffers@dla.mil mailto:FEDMALLOffers@dla.mil

Block 17a

› Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________ (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items for information on contacting Dun and Bradstreet.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

Note: Payment will be made via Electronic Funds Transfer (EFT) to the contractor’s financial institution. The Government will mail checks to the above address only in the event of an Electronic Funds Transfer (EFT) failure, pursuant to 52.232-33 (which is incorporated by reference at 52.212- 5(b)). The contractor’s electronic address is:

Block 18b

Detailed line item invoices will be submitted in accordance with the procedures for Invoicing (Section B.6.3.) to the Defense Finance and Accounting Service’s (DFAS’s) Wide Area Work Flow (WAWF) system.

Blocks 19-24 – Schedule of Supplies/Services

A.1.1. General Information

A.1.1.1. This solicitation seeks to establish Indefinite Delivery/Indefinite Quantity (IDIQ) Federal Supply Schedule (FSS) type contracts for various commercially available off-the-shelf (COTS) items which will be ordered through the FEDMALL system for delivery to FEDMALL customers worldwide. FEDMALL customers include DoD military and non-military customers, the Defense Logistics Agency (DLA) acting as or on behalf of the customer, and customers of other Government entities (including Federal, State, and/or Local).

A.1.1.2. Pricing for all IDIQ contracts awarded as a result of this solicitation shall be Fixed Price with Economic Price Adjustment. All delivery orders placed against resultant IDIQ contracts shall be firm fixed price.

A.1.1.3. The term of the IDIQ contracts awarded as a result of this solicitation will be a Base

Ordering Period. The Base Ordering Period shall be for three years. All IDIQ contracts awarded as a result of this solicitation shall not exceed 36 months.

A.1.1.4. Indefinite Quantity Contract Limitations

A.1.1.4.1. The maximum quantity of supplies for this acquisition is set at $239 Million (M) based on the aggregated total value of all of the individual IDIQ maximums to be established for each individual contract awarded as a result of this solicitation.

A.1.1.4.2. The established total value of individual IDIQ maximum set at time of award cannot be increased at any time during the contract period.

A.1.1.4.3. The guaranteed minimum dollar value that the Government agrees to order during the period of any awarded contract will be $100.00. If the Contractor receives total orders for less than $100.00 during the term of the contract, the Government will pay the difference between the amount ordered and $100.00. The guaranteed minimum covers the entire period of the IDIQ contract. The Government is obligated to order only the minimum dollar figure stated above. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor.

A.1.1.5. All items offered in response to this solicitation must be a “Commercially available off-the-shelf (COTS) item” as defined by FAR 2.101. All offered supplies shall be of commercial quality, meaning that they shall match the offered form, fit, and functional characteristics stated in the offeror’s commercial catalog and free from all defects. There are no exceptions to this rule. However, this statement does not prohibit items other than COTS from being added to the FEDMALL system when awarded under a separate agreement or contract that is not the direct result of this solicitation provided that the separate agreement or contract contains all of the terms and conditions required for FEDMALL participation. An offeror does not need to have prior sales of an offered COTS item as long as the offeror can demonstrate that the item is “sold in substantial quantities in the commercial marketplace” (which may include sales by other legal business entities).

A.1.1.6. Purchase of an ECA certificate(s) is not required prior to award, but evidence of ECA certification must be provided prior to the contract/catalog being loaded on to FEDMALL and prior to any sales under the contract.

A.1.1.7. The terms “Offeror”, “Vendor”, “Supplier”, “Contractor”, and “FEDMALL Supplier” found within this document are interchangeable and refer to the company that submitted a proposal and receives a resultant IDIQ contract.

A.1.1.8. The terms “FEDMALL Customer”, and “Authorized Ordering Facilities” found within this document are interchangeable and refer to person or persons placing the order on FEDMALL.MIL.

A.1.2. Supplies

A.1.2.1. The scope of this solicitation is limited to the following subset of the DLA Managed Federal Supply Classes (FSCs; also referred to as Product Service Codes (PSCs)) and COTS items matching the FSC description:

A.1.2.1.1. As described in Table A.1.2.1.2 below, the column titled “Country of Origin

Restrictions” indicates the applicability of the Buy American – Balance of Payments Program (“BA- BoPP”; see DFARS 252.225-7001); Trade Agreements (“TA”; see DFARS 252.225-7021 and 225.401- 70); or the “Berry Amendment” (“Berry”; see DFARS 225.7002-1, as implemented by 10 U.S.C. 2533a;

see also DFARS 252.225-7012 and DFARS 252.225-7015).

TABLE A.1.2.1.2

PSC

Country of

Origin Restrictions

SHORT NAME

2230 TA RIGHT-OF-WAY CONSTRUCTION AND MAINTENANCE

EQUIPMENT, RAILROAD

2410 TA TRACTOR, FULL TRACKED, LOW SPEED

2420 TA TRACTORS, WHEELED

2510 TA VEHICULAR CAB, BODY, AND FRAME STRUCTURAL

COMPONENTS

2520 TA VEHICULAR POWER TRANSMISSION COMPONENTS

2530 TA VEHICULAR BRAKE, STEERING, AXLE, WHEEL, AND TRACK

COMPONENTS

2540 TA VEHICULAR FURNITURE AND ACCESSORIES

2590 BA-BoPP MISCELLANEOUS VEHICULAR COMPONENTS

2805 BA-BoPP GASOLINE RECIPROCATING ENGINES, EXCEPT AIRCRAFT; AND

COMPONENTS

2815 BA-BoPP DIESEL ENGINES AND COMPONENTS

2895 TA MISCELLANEOUS ENGINES AND COMPONENTS

2910 TA ENGINE FUEL SYSTEM COMPONENTS, NONAIRCRAFT

2920 TA ENGINE ELECTRICAL SYSTEM COMPONENTS, NONAIRCRAFT

2930 TA ENGINE COOLING SYSTEM COMPONENTS, NONAIRCRAFT

2940 TA ENGINE AIR AND OIL FILTERS, STRAINERS, AND CLEANERS,

NONAIRCRAFT

2990 TA MISCELLANEOUS ENGINE ACCESSORIES, NONAIRCRAFT

3020 TA GEARS, PULLEYS, SPROCKETS, AND TRANSMISSION CHAIN

3030 TA BELTING, DRIVE BELTS, FAN BELTS, AND ACCESSORIES

3040 TA MISCELLANEOUS POWER TRANSMISSION EQUIPMENT

3110 BA-BoPP BEARINGS, ANTIFRICTION, UNMOUNTED 3120 BA-BoPP BEARINGS, PLAIN, UNMOUNTED 3130 BA-BoPP BEARINGS, MOUNTED

3210 TA SAWMILL AND PLANING MILL MACHINERY

3220 TA WOODWORKING MACHINES

3230 TA TOOLS AND ATTACHMENTS FOR WOODWORKING MACHINERY

3431 TA ELECTRIC ARC WELDING EQUIPMENT

3510 TA LAUNDRY AND DRY CLEANING EQUIPMENT

3520 TA SHOE REPAIRING EQUIPMENT

3530 TA INDUSTRIAL SEWING MACHINES AND MOBILE TEXTILE REPAIR

SHOPS

3610 TA PRINTING, DUPLICATING, AND BOOKBINDING EQUIPMENT

3655 TA GAS GENERATING AND DISPENSING SYSTEMS, FIXED OR MOBILE

3695 TA MISCELLANEOUS SPECIAL INDUSTRY MACHINERY

3710 TA SOIL PREPARATION EQUIPMENT

3720 TA HARVESTING EQUIPMENT

3740 TA PEST, DISEASE, AND FROST CONTROL EQUIPMENT

3770 TA SADDLERY, HARNESS, WHIPS, AND RELATED ANIMAL

FURNISHINGS

3805 TA EARTH MOVING AND EXCAVATING EQUIPMENT

3810 TA CRANES AND CRANE-SHOVELS

3815 TA CRANE AND CRANE-SHOVEL ATTACHMENTS

3820 TA MINING, ROCK DRILLING, EARTH BORING, AND RELATED

EQUIPMENT

3825 TA ROAD CLEARING, CLEANING, AND MARKING EQUIPMENT

3830 TA TRUCK AND TRACTOR ATTACHMENTS

3895 TA MISCELLANEOUS CONSTRUCTION EQUIPMENT

3910 TA CONVEYORS

3920 TA MATERIAL HANDLING EQUIPMENT, NONSELF-PROPELLED

3930 TA WAREHOUSE TRUCKS AND TRACTORS, SELF-PROPELLED

3940 TA BLOCKS, TACKLE, RIGGING, AND SLINGS

3950 TA WINCHES, HOISTS, CRANES, AND DERRICKS

3990 TA MISCELLANEOUS MATERIALS HANDLING EQUIPMENT

4010 TA CHAIN AND WIRE ROPE

4020 TA FIBER ROPE, CORDAGE, AND TWINE

4030 TA FITTINGS FOR ROPE, CABLE, AND CHAIN

4110 TA REFRIGERATION EQUIPMENT

4120 TA AIR CONDITIONING EQUIPMENT

4130 TA REFRIGERATION AND AIR CONDITIONING COMPONENTS

4140 TA FANS, AIR CIRCULATORS, AND BLOWER EQUIPMENT

4210 TA FIRE FIGHTING EQUIPMENT

4220 TA MARINE LIFESAVING AND DIVING EQUIPMENT

4310 TA COMPRESSORS AND VACUUM PUMPS

4320 TA POWER AND HAND PUMPS

4330 TA CENTRIFUGALS, SEPARATORS, AND PRESSURE AND VACUUM

FILTERS

4440 TA DRIERS, DEHYDRATORS, AND ANHYDRATORS

4460 TA AIR PURIFICATION EQUIPMENT

4510 TA PLUMBING FIXTURES AND ACCESSORIES

4520 TA SPACE AND WATER HEATING EQUIPMENT

4530 TA FUEL BURNING EQUIPMENT UNITS

4540 TA WASTE DISPOSAL EQUIPMENT

4610 TA WATER PURIFICATION EQUIPMENT

4620 TA WATER DISTILLATION EQUIPMENT, MARINE AND INDUSTRIAL

4630 TA SEWAGE TREATMENT EQUIPMENT

4710 TA PIPE, TUBE AND RIGID TUBING

4720 TA HOSE AND FLEXIBLE TUBING

4730 TA HOSE, PIPE, TUBE, LUBRICATION, AND RAILING FITTINGS

4810 TA VALVES, POWERED

4820 TA VALVES, NONPOWERED

4930 TA LUBRICATION AND FUEL DISPENSING EQUIPMENT

5305 TA SCREWS

5306 TA BOLTS

5307 TA STUDS

5310 TA NUTS AND WASHERS

5315 TA NAILS, MACHINE KEYS, AND PINS

5320 TA RIVETS

5325 TA FASTENING DEVICES

5330 TA PACKING AND GASKET MATERIALS

5335 TA METAL SCREENING

5340 TA HARDWARE, COMMERCIAL

5355 TA KNOBS AND POINTERS

5360 TA COIL, FLAT, LEAF, AND WIRE SPRINGS

5365 TA BUSHINGS, RINGS, SHIMS, AND SPACERS

5410 TA PREFABRICATED AND PORTABLE BUILDINGS

5420 TA BRIDGES, FIXED AND FLOATING

5430 TA STORAGE TANKS

5440 TA SCAFFOLDING EQUIPMENT AND CONCRETE FORMS

5450 TA MISCELLANEOUS PREFABRICATED STRUCTURES

5510 TA LUMBER AND RELATED BASIC WOOD MATERIALS

5520 TA MILLWORK

5530 TA PLYWOOD AND VENEER

5660 TA FENCING, FENCES, GATES AND COMPONENTS

5905 BA-BoPP RESISTORS 5910 BA-BoPP CAPACITORS 5915 BA-BoPP FILTERS AND NETWORKS 5920 BA-BoPP FUSES, ARRESTORS, ABSORBERS, AND PROTECTORS 5925 BA-BoPP CIRCUIT BREAKERS 5930 BA-BoPP SWITCHES 5935 BA-BoPP CONNECTORS, ELECTRICAL 5940 BA-BoPP LUGS, TERMINALS, AND TERMINAL STRIPS 5945 BA-BoPP RELAYS AND SOLENOIDS

5950 BA-BoPP COILS AND TRANSFORMERS 5955 BA-BoPP OSCILLATORS AND PIEZOELECTRIC CRYSTALS 5960 BA-BoPP ELECTRON TUBES AND ASSOCIATED HARDWARE 5961 BA-BoPP SEMICONDUCTOR DEVICES AND ASSOCIATED HARDWARE 5962 BA-BoPP MICROCIRCUITS, ELECTRONIC 5965 BA-BoPP HEADSETS, HANDSETS, MICROPHONES AND SPEAKERS 5970 BA-BoPP ELECTRICAL INSULATORS AND INSULATING MATERIALS 5975 BA-BoPP ELECTRICAL HARDWARE AND SUPPLIES 5977 BA-BoPP ELECTRICAL CONTACT BRUSHES AND ELECTRODES 5985 BA-BoPP ANTENNAS, WAVEGUIDES, AND RELATED EQUIPMENT 5990 BA-BoPP SYNCHROS AND RESOLVERS

5995 BA-BoPP CABLE, CORD, AND WIRE ASSEMBLIES: COMMUNICATION

EQUIPMENT

5999 BA-BoPP MISCELLANEOUS ELECTRICAL AND ELECTRONIC COMPONENTS

6105 TA MOTORS, ELECTRICAL

6110 TA ELECTRICAL CONTROL EQUIPMENT

6115 TA GENERATORS AND GENERATOR SETS, ELECTRICAL

6120 TA TRANSFORMERS: DISTRIBUTION AND POWER STATION

6145 TA WIRE AND CABLE, ELECTRICAL

6150 TA MISCELLANEOUS ELECTRIC POWER AND DISTRIBUTION

EQUIPMENT

6210 TA INDOOR AND OUTDOOR ELECTRIC LIGHTING FIXTURES

6220 TA ELECTRIC VEHICULAR LIGHTS AND FIXTURES

6230 TA ELECTRIC PORTABLE AND HAND LIGHTING EQUIPMENT

6250 TA BALLASTS, LAMPHOLDERS, AND STARTERS

6260 TA NONELECTRICAL LIGHTING FIXTURES

6350 TA MISCELLANEOUS ALARM, SIGNAL, AND SECURITY DETECTION

SYSTEMS

6532 TA HOSPITAL AND SURGICAL CLOTHING AND RELATED SPECIAL

PURPOSE ITEMS

6630 TA CHEMICAL ANALYSIS INSTRUMENTS

6635 TA PHYSICAL PROPERTIES TESTING AND INSPECTION

6640 TA LABORATORY EQUIPMENT AND SUPPLIES

6655 TA GEOPHYSICAL INSTRUMENTS

6670 TA SCALES AND BALANCES

6675 TA DRAFTING, SURVEYING, AND MAPPING INSTRUMENTS

6680 TA LIQUID AND GAS FLOW, LIQUID LEVEL, AND MECHANICAL

MOTION MEASURING INSTRUMENTS

6750 TA PHOTOGRAPHIC SUPPLIES

6840 TA PEST CONTROL AGENTS AND DISINFECTANTS

6850 TA MISCELLANEOUS CHEMICAL SPECIALTIES

7210 TA HOUSEHOLD FURNISHINGS

7310 TA FOOD COOKING, BAKING, AND SERVING EQUIPMENT

7320 TA KITCHEN EQUIPMENT AND APPLIANCES

7360 TA SETS, KITS, OUTFITS AND MODULES, FOOD PREPERATION AND

SERVING

7610 TA BOOKS AND PAMPHLETS

7660 TA SHEET AND BOOK MUSIC

7690 TA MISCELLANEOUS PRINTED MATTER

8010 TA PAINTS, DOPES, VARNISHES, AND RELATED PRODUCTS

8020 TA PAINT AND ARTISTS' BRUSHES

8030 TA PRESERVATIVE AND SEALING COMPOUNDS

8040 TA ADHESIVES

8110 TA DRUMS AND CANS

8125 TA BOTTLES AND JARS

8405 Berry OUTERWEAR, MEN'S 8410 Berry OUTERWEAR, WOMEN'S 8415 Berry CLOTHING, SPECIAL PURPOSE 8420 Berry UNDERWEAR AND NIGHTWEAR, MEN'S 8425 Berry UNDERWEAR AND NIGHTWEAR, WOMEN'S 8430 Berry FOOTWEAR, MEN'S 8435 Berry FOOTWEAR, WOMEN'S 8440 Berry HOSIERY, HANDWEAR, AND CLOTHING ACCESSORIES, MEN'S 8445 Berry HOSIERY, HANDWEAR, AND CLOTHING ACCESSORIES, WOMEN'S 8450 Berry CHILDREN'S AND INFANTS' APPAREL AND ACCESSORIES 8455 Berry BADGES AND INSIGNIA

8460 TA LUGGAGE

8465 Berry INDIVIDUAL EQUIPMENT

9110 TA FUELS, SOLID

9150 TA OILS AND GREASES: CUTTING, LUBRICATING, AND HYDRAULIC

9160 BA-BoPP MISCELLANEOUS WAXES, OILS, AND FATS 9505 BA-BoPP WIRE, NONELECTRICAL 9510 BA-BoPP BARS AND RODS 9515 BA-BoPP PLATE, SHEET, STRIP, FOIL, AND LEAF 9520 BA-BoPP STRUCTURAL SHAPES 9525 BA-BoPP WIRE, NONELECTRICAL, NONFERROUS BASE METAL 9530 BA-BoPP BARS AND RODS, NONFERROUS BASE METAL 9535 BA-BoPP PLATE, SHEET, STRIP, AND FOIL; NONFERROUS BASE METAL 9540 BA-BoPP STRUCTURAL SHAPES, NONFERROUS BASE METAL

9545 TA PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL

A.1.2.2. Descriptions of the Product Service Codes/Federal Supply Classes listed in the table above can be found at one of the following websites:

https://www.dibbs.bsm.dla.mil/refs/fsc.aspx https://public.logisticsinformationservice.dla.mil/H2/search.aspx https://www.fpds.gov/downloads/psc_data_Oct012015.xls https://www.dibbs.bsm.dla.mil/refs/fsc.aspx https://public.logisticsinformationservice.dla.mil/H2/search.aspx https://www.fpds.gov/downloads/psc_data_Oct012015.xls

A.1.3. Excluded Items

A.1.3.1. It is the Offeror’s responsibility to exclude the following from the proposal and associated catalog:

• Mandatory source items; items that compete with AbilityOne and UNICOR (see FAR 8.602 and 8.700 Policy, and FAR 8.603 and 8.704 Purchase Priorities)

• Non-COTS items (see FAR Subpart 2.101 Definitions, “Commercially available off-the-shelf

(COTS) item”)

• Non-DLA type items or items not falling within the scope of the listing above at A.1.2.

• Actively Managed National Stock Numbers (NSNs), which means all NSNs with an

Acquisition Advice Code (AAC) except NSNs with an AAC of "J", "V", "Y", or no AAC value

• Items requiring Government Source Inspection

• Qualified product list and critical safety items (see DLAD 8.400-90(d)(2),, and FAR 2.101)

• Services

• Surplus Items or Surplus material (see DLAD 11.301)

• Ammunition

• Tires (TACOM managed)

• Any individual item that has an offered price greater than $35,000.00.

• Items not in accordance with the Buy American Balance of Payments Program or Trade

Agreements (see DFARS 252.225-7001, 252.225-7021, and 225.401-70), and other Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisition (see DFARS 225.70) including the “Berry Amendment” (see DFARS 225.7002- 1, as implemented by 10 U.S.C. 2533a; see also DFARS 252.225-7012 and DFARS 252.225- 7015).

A.1.3.2 NSNs shall not be used to describe any item in the proposal or associated catalog.

NSNs shall not appear in any catalog field within FEDMALL.

A.1.3.3. Proposals failing to comply with the exclusions above may be rejected or the contracting officer may request proposal revisions or additional information to gain a corrected proposal from the offeror.

A.1.3.4. Offered items that are considered to be “Essentially the Same” (ETS) as those listed on the AbilityOne Procurement List of products are considered excluded items. The AbilityOne Procurement List can be viewed at http://abilityone.org/work_with_us/procurement.html. A listing of ETS-type items can be viewed at http://www.abilityone.gov/distributors/potential.html. All vendors are subject to a formal ETS review conducted by AbilityOne personnel.

A.1.3.5. Any item offered in response to this solicitation that has an assigned NSN will be removed from the offeror’s catalog and will not be loaded to the FEDMALL system unless the FEDMALL Contracting Office receives a prior request or authorization from the cognizant DLA Supply Chain or Program Office responsible for managing the NSN to add the NSN to FEDMALL.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/225_4.htm#225.401-70 http://abilityone.org/work_with_us/procurement.html http://www.abilityone.gov/distributors/potential.html

A.1.3.6. Offers containing items that require Government source inspection will be removed, but may be added to the FEDMALL system under separate agreement or contract that has been entered into outside of this solicitation provided that the separate agreement or contract contains all of the terms and conditions required for FEDMALL participation.

A.1.3.7. Offerors are advised that DFARS Clause 252.225-7012, Preference for Certain

Domestic Commodities (FEB 2013) and DFARS Clause 252.225-7021, Trade Agreements (NOV 2014) apply to this solicitation.

[END OF SECTION]

B. CAUTION NOTICES

B.1. The Department of Defense Federal Mall (FEDMALL) is a web-based online ordering platform meant to provide a full service e-Commerce site to find and acquire finished goods and services from the commercial marketplace and government sources for the Department of Defense and other State and Federal agencies.

B.2. This solicitation is being issued as part of a Federal Supply Schedule (FSS) Type Program using FAR 38, Federal Supply Schedule Contracting. Orders placed against DoD FedMall catalogs will follow the ordering procedures established by this solicitation. The DoD FSS Type program is designed to provide logistic support that empowers the customer to select the product that best meets their mission needs using best value ordering procedures.

B.3. All items offered in response to this solicitation must be a “Commercially available off-the-shelf (COTS) item” as defined by FAR 2.101. All offered supplies shall be of commercial quality, meaning that they shall match the offered form, fit, and functional characteristics stated in the offeror’s commercial catalog and free from all defects. See Section A.1.3 of this solicitation for a complete listing of all excluded items, including items with assigned National Stock Numbers (NSNs) and items requiring Government Source Inspection.

B.4. This solicitation applies to Government facilities worldwide.

B.5. Offerors are required to provide with their offers a list of contracts (commercial and/or government) performed within the last two years as detailed in Section E, Addendum to FAR 52.212-1, Subparagraph (b)(10)(ii) of this solicitation.

B.6. Offerors are required to submit their past year’s history of sales to DoD and to other Federal Government entities as detailed on Section E, Addendum to FAR 52.212-1, Subparagraph (b)(10)(iii) and Subparagraph (b)(11) of this solicitation with your offer.

B.7. Offerors are required to provide an Electronic Commerce (“EC”) Implementation Plan as detailed Section E, Addendum to FAR 52.212-1, Subparagraph (b)(4)(v) of this solicitation.

B.8. Offerors are required to submit data other than certified cost and pricing data in accordance with Addendum Subparagraph (b)(11) of FAR 52.212-1 of this solicitation.

B.9. An initial assessment of all proposals submitted prior to the closing date and time will be performed within a reasonable amount of time after offers are retrieved from the FedMall Offers Inbox to determine completeness. The proposals will be reviewed in order of receipt and compared to the checklist found in Section E, Addendum to FAR 52.212-1, Subparagraph (g)(3) of this solicitation.

Upon evaluation of the proposal, the Contracting Officer will make a determination as to whether the offeror has an understanding of the solicitation requirements sufficient enough to move forward. If the Contracting Officer determines that the offeror has not demonstrated an understanding of the solicitation requirements, he/she may determine the proposal to be non-compliant and may return the proposal without further evaluation.

B.10. Minimum Surge Requirements. The FEDMALL Contracting Office intends to partner with the contractors in supporting deploying units. FEDMALL may be used as a vehicle for the rapid acquisition of essential supplies to respond to DoD wartime, contingency or humanitarian operations. Surge as used in this solicitation is the ability of the industrial base to meet accelerated delivery requirements with existing industrial base capabilities across the spectrum of contingencies. This includes both the capability to ramp-up quickly to meet early requirements as well as sustain this increased pace throughout the conflict. Recognizing the unique requirements of the DoD and its national security roles, those contractors offering items required to support surge requirements will be requested to participate when the actual requirements are known.

B.11. DFARS Clause 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) and DFARS Clause 252.225-7021, Trade Agreements (NOV 2014) apply to this solicitation.

B.12. CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733).

The solicitation or contract includes FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) contained elsewhere in the solicitation. The contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct, promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of Federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in Title 18 of the United States Code or any violation of the False Claims Act (31 U.S.C 3729-3733).

B.13. The DLA does not warrant the accuracy, completeness, or timeliness of information provided through FEDMALL. Support contractors to the DLA and the FEDMALL shall not be held liable for loss or damages resulting from information provided through the FEDMALL.

B.14. The DLA reserves the right to change the terms and conditions for participation in the FEDMALL. Vendors will be notified of such changes at least 15 calendar days prior to implementing changes that impact vendor participation.

B.15. Vendors may request termination of their FEDMALL contract at no cost to the Government via written request to the contracting officer. If approved by the contracting officer, the request will result in a termination of the contract for the convenience of the Government at no cost to the Government.

B.16. Participation in the FEDMALL is not transferable.

B.17. Contractors should expect up to a 30-day ramp-up period after the effective date of contract award to allow for catalog upload, EDI setup (if applicable) and other on-boarding requirements.

[END OF SECTION]

C. CONTRACT CLAUSES

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to FAR 52.212-4 The following paragraph of 52.212-4 are amended as indicated below:

Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (AUG 2019)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/index.html

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2018) (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

DFARS Deviations 2018-O0018 and 2019-O0005 are applicable for this clause.

___ (ii) Alternate I (Nov 2016) of 52.219-9.

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (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.

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section

889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 E.O. 13627).

(xv) 52.222-51, Exemption from…