22Q0167 Solicitation P00002 extended.pdf

CONTRACTING OFFICE/RLG

REGINA L. GIBSON

918-420-7454/MCALESTER CONTRACTING

1 C TREE ROAD

MCALESTER OK 74501-9002

W44W9M220601HM

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to extend the closing date and remove the Small Business Set Aside.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Aug-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W44W9M22Q0167

X 9B. DATED (SEE ITEM 11)

28-Jul-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Aug-2022

CODE

CONTRACTING OFFICE

MCALESTER CONTRACTING OFFICE

1 C TREE ROAD

MCALESTER OK 74501-9002

W44W9M 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W44W9M

FACILITY CODECODE

EMAIL:TEL:

W44W9M22Q0167

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 17-Aug-2022 03:00 PM to 31-Aug-2022 03:00 PM.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

08-SEP-2022 1 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING DEPT

1C TREE ROAD B8

MCALESTER OK 74501-9002

918-420-6695 FOB: Destination

W44W9M

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

21-OCT-2022 1 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING DEPT

1C TREE ROAD B8

MCALESTER OK 74501-9002

918-420-6695 FOB: Destination

W44W9M

The following have been modified:

SPECIFICATIONS

Vacuum Chamber for Filling Molds.

Applicable Documents

1. Standards and Regulations a. Must comply with DA Pamphlet 385-64.

b. ASME code.

c. OSHA

d. NFPA 70

This section provides the design specification requirements for a Vacuum Chamber for Filling Molds. Note: Every item listed in this section shall be accounted for in the offeror’s proposal for it to be considered (see section 6.).

Requirements:

3. General Requirements a. System shall meet all applicable OSHA standards and regulations.

b. Elimination of pinch points is to be considered during design of the monorail system.

Guards and plaques will be added where needed.

c. Ease of maintenance shall be a design consideration for all portions.

d. The design should utilize commercial-off-the-shelf items whenever possible to facilitate repair and replacement of worn and/or damaged parts.

e. All exposed materials shall be coated/painted or made of non-ferrous materials to prevent corrosion.

f. Only open frame members (S-beam, W-Beam C-channel, L-angle, etc.) shall be used in the construction of the framework. Tubular members shall not be used without approval.

Must provide a drawing showing what the contractor wishes to use prior to award for approval.

g. All seams between structural members that are not 100% welded should be sealed using silicone caulking prior to painting.

h. Each system shall be rated for operation in a hazardous environment that corresponds the NFPA 70 Class 1, Div. 1, Group D, and Class 2, Div. 1, Group E, F, and G.

⼀ i. Available utilities: i. 208V/480V/3PH/60Hz

⼀ ii. 100 psi compressed air

⼀ j. Vacuum chamber shall reach and hold 29” of Mercury while vacuum is being continuously drawn on the system at 15 cfm.

k. Vacuum chamber shall be constructed of 300 series stainless steel (preferably 316L) unless otherwise specified. Standard mill finish. Design should be based on ASME code standards.

l. Vacuum chamber will require jolting/vibration to molds placed inside while under vacuum during the pour process.

m. Entire system shall be designed so that it could fill multiple molds without breaking vacuum. System shall be able to hold and fill two molds of the following size, side by side, with these dimensions 24” long x 18” wide x 6” tall. System shall be able to hold and fill multiple molds 26” tall, above the turntable surface.

n. Vacuum chamber will include a powered turntable in the bottom of the chamber with roller supports underneath to prevent wobble. Turntable will need to support and turn 500 lbs. Turntable designed to limit “trap” areas for spilled explosives and designed with ability to easily disassemble for cleaning purposes. Turntable will need to be able to turn while the chamber is under vacuum without introducing air into the chamber. Antistatic shrouding or barriers shall be fixed to the outside edges of the bottom surface of the turntable to prevent explosive powder from exposure to pinch points. Turntable shall be controlled by a manual switch, shall rotate both directions, and stop when the control is not engaged. Controls should include emergency E-stop.

o. Toggle clamp or swing bolt top cover design and removable cover. Top cover shall be clocked to multiple positions. Top cover to have an offset 24” opening designed to interface with a clear polycarbonate fill plate. Fill plate shall clock to any position on the top cover to allow offset fill port to cover nearly all of the turntable surface. Top cover shall also have a 10 inch minimum diameter view port, 180° out from the 24 inch opening. Lighting will be placed above the 10 inch view port by MCAAP.

p. System shall include an offset clear polycarbonate fill plate with an offset fill port allowing multiple molds to be filled by use of the turntable. Fill port shall have a removable 2.5” OD x .065” wall tubing secured to the plate. Tubing will have a 2.5” quick-clamp sanitary adapter (1” long maximum) welded to the end. Fill port tube shall protrude just high enough above fill plate top surface to comfortably clamp on attachments with a 2.5” sanitary clamp.

q. System shall include 3/4” NPT port for vacuum hook-up.

r. System shall include 3/4” NPT port with valve and pipe nipple for bleeding off vacuum

s. System shall include vibration resistant vacuum gauge visible from top view.

t. System shall come with vibration isolating springs or mounts if required.

u. System shall include anchor holes for mounting to the floor.

v. Vacuum chamber shell shall include a 3” wide (minimum) x 18” tall polycarbonate sight glass for increased viewing.

w. System shall not use any exposed brass or copper components unless approved by MCAAP engineering.

4. Specific Requirements This section provides specific requirements for the Vacuum Chamber for Filling Molds requested.

N/A

5. Installation N/A

Proposal, Reviews, Drawings, Documentation, and Data

6. Prior to Award DETAILED DESCRIPTION REQUIRED PRIOR TO AWARD: MCAAP personnel will validate and verify/approve the offeror’s proposal before award is granted. To meet this review requirement, the offeror shall submit with their proposal a detailed technical description of each item. The offeror’s description submittal shall account for each one of the required product features located in this qualifying statement, and shall do so clearly, and in the same order as listed on this qualifying statement. The description shall also clearly portray/describe how each item will function. If applicable, conceptual drawings that are not detail “as built” drawings should be provided as part of the detailed description.

Drawing must provide overall height, width, and length dimensions. It should depict the locations of key components. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. Generic statements from the offeror stating they can provide the requested item DO NOT constitute a valid proposal.

7. After Award Reviews After an award, the contractor shall provide the government with, at minimum, a 30% progress/status update, a 60% progress/status update, a 90% progress/status update, and a notification when the item is shipped. If there are any unforeseen delays the government contract officer should be notified immediately. It is the sole purview of the MCAAP Engineering personnel to waive the necessity of these progress/status updates. The progress/status updates shall take the form of design reviews as necessitated by the procurement type and determined by government personnel. The design resign reviews shall have the minimum listed requirements below:

a. 30% Concept Design Review

A 30% conceptual design review will be held between the contractor and MCAAP personnel within four (4) weeks of award. At the conclusion of the 30% design review the time for a 60% design review should be agreed upon by contractor and government personnel.

Contractor shall supply preliminary drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. These drawings should include installation and/or operational envelope dimensions, utility requirements, and connection locations along with any other pertinent data. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. If the design necessitates any equipment the government must procure to support the item in this procurement that would constitute a “long lead time”, the contractor should notify government personnel in this review. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

b. 60% Design Review A 60% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 30% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. These drawings should include finalized installation and/or operational envelope dimensions, utility requirements, and connection locations along with any other pertinent data. All equipment the government must procure to support the item in this procurement that would constitute a “long lead time” should be identified at this time. Any changes to the design from the previous review should be incorporated. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

c. 90% Design Review A 90% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 60% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. A 90% design package should only require minimal changes at this point. Examples of this would be cleaning up of drawings, incorporating redlines, and finalizing bill of materials. No changes to the scope should be made at this time. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

8. Acceptance Review Upon shipment of components to MCAAP, an acceptance review by government personnel will be conducted. If the system or its components are found to be unacceptable, those components shall be shipped back to the contractor/manufacturer for repair and/or replacement. It is the sole purview of the MCAAP Engineering personnel to waive the necessity of these reviews.

9. Finalized Drawings and Data The contractor shall provide two (2) complete sets of as-built reproducible drawings/data.

The drawings/data shall include, at minimum, the requirements of paragraph above. One (1) complete hard copy set of finalized drawings/data shall be provided with the equipment. The other will be in electronic format. The format must be capable of being read as “.dwg” or “.dxf” for 2-D data and Solid Works (.sldprt, .sldasm) format or STEP (.stp) format for 3-D data. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

10. Operational, Maintenance, and Parts Manuals

The contractor shall furnish under this purchase description two (2) sets of operational, maintenance, and parts manuals as necessitated by the equipment. The manuals shall be specific (not canned statements about the system in general) to the system supplied. There shall be a brief description concerning the purpose of the specific equipment supplied and the rated operating capacities. The manuals shall contain a complete parts list to include (at minimum) all information necessary (manufacturer’s name, address, phone number, P/N, S/N, size, model number, type, etc.) to re-order the part if necessary. The manuals shall include all preventative maintenance procedures/schedules specific to the equipment supplied. These manuals shall be applicable to the equipment provided only and shall include all safety precautions/warnings associated with the operation. All manuals shall be authorized for reproduction and distribution to end users of the equipment. One (1) set of hard copy versions of the manuals shall be provided with the equipment. One (1) set of the manuals shall be electronic in form (on CD) and must be capable of being read in either a “.pdf” or a “.doc” format.

Quality Assurance Provisions

11. Responsibility for Inspection

Unless otherwise specified in the contract or purchase description the contractor is responsible for the performance of all inspection requirements specified herein. Except as otherwise specified the contractor may use their own facilities or any commercial laboratory acceptable to the government. The government reserves the right to witness or separately perform any of the inspections set forth in the purchase description where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements. The contractor shall notify the contracting officer at least 15 working days prior to shipment so a government representative(s) can make arrangements to be present to perform an acceptance inspection if necessary. Final acceptance of the contract shall be the responsibility of the government contracting officer.

12. Quality Management

Contractor must show proof of internal quality management system in accordance with MIL- I-45208A, ISO 9001: 2000 or an equivalent quality assurance program. The contractor shall certify and maintain substantiating evidence that the product meets the provided drawing specification, and quality assurance requirements. This includes manufacture and welding requirements. The manufacturer may use their own inspection facility or any commercial facility agreeable to the government. The government reserves the right to witness the inspections of all components of this system for conformity of specifications.

Warranty Contractor shall provide a warranty against defective material, parts, and workmanship for a period no less than 1 year from final commissioning date.

Notes Intended Use When government drawings, specifications, or other data are used for any purpose other than in connection with definitely related Government Procurement Operations, the Unites States Government thereby incurs no responsibility or any obligation whatsoever. The fact that the government may have furnished, formulated, or in any way, supplied the said drawings, specifications, or other data, is not to be regarded by implication, or otherwise in any manner licensing the holder or any other person, or corporation, or conveying any rights or permission to manufacture, use, or sell any patented invention that may be in any way related thereto.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (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) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

XX (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

XX (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

XX (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

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

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

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

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

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

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (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) 52.219-8, 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 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.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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)

(End of Summary of Changes)