W519TC23Q2147 AMD 0001.pdf
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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
See Amendment 0001 Narrative.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 14
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 12-Apr-2023
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 W519TC23Q2147
X 9B. DATED (SEE ITEM 11)
15-Feb-2023
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 1 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
12-Apr-2023
CODE
ARMY CONTRACTING COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND IL 61299
W519TC 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
W519TC23Q2147
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
AMENDMENT 0001 NARRATIVE
The purpose of Amendment 0001 is as follows:
1. Re-open the solicitation with a revised close date.
2. Remove the small business set-aside.
3. Restrict action to OshKosh Defense IAW FAR FAR 13.106-1(b)(1)(ii).
4. Update affected CLINs and clauses.
All other terms and conditions remain unchanged.
END OF AMENDMENT NARRATIVE 0001
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 23-Feb-2023 11:00 AM to 18-Apr-2023 11:00 AM.
The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.
SUPPLIES OR SERVICES AND PRICES
CLIN 0001
The CLIN extended description has changed from:
LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES
NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN
VOLTS = 12.8 AC MINIMUM AND 25.6 AC MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL
FEATURES: INPUT CURRENT: 0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL:
POLYCARBONATE; CONNECTOR INFO: MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON
TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR 81558987Program: HUSKQA: 21_230131140150
To:
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN VOLTS = 12.8 AC MINIMUM AND 25.6 AC
MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY
CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL FEATURES: INPUT CURRENT:
0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL: POLYCARBONATE; CONNECTOR INFO:
MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR 81558987Program:
HUSKQA: 21_230131140150
CLIN 0002
LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES
NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN
VOLTS = 12.8 AC MINIMUM AND 25.6 AC MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL
FEATURES: INPUT CURRENT: 0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL:
POLYCARBONATE; CONNECTOR INFO: MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON
INTERNAL INFOPR 81559158Program: HUSKQA: 21_230131140150
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN VOLTS = 12.8 AC MINIMUM AND 25.6 AC
MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY
CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL FEATURES: INPUT CURRENT:
0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL: POLYCARBONATE; CONNECTOR INFO:
MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR 81559158Program:
CLIN 0003
LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES
NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN
VOLTS = 12.8 AC MINIMUM AND 25.6 AC MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL
FEATURES: INPUT CURRENT: 0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL:
POLYCARBONATE; CONNECTOR INFO: MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON
INTERNAL INFOPR 81559159Program: HUSKQA: 21_230131140150
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).LIGHT, BEACON, OVERALL HEIGHT
MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY
CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL FEATURES: INPUT CURRENT:
0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL: POLYCARBONATE; CONNECTOR INFO:
MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR 81559159Program:
CLIN 0004
LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES
NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN
VOLTS = 12.8 AC MINIMUM AND 25.6 AC MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL
FEATURES: INPUT CURRENT: 0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL:
POLYCARBONATE; CONNECTOR INFO: MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON
INTERNAL INFOPR 81559160Program: HUSKQA: 21_230131140150
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN VOLTS = 12.8 AC MINIMUM AND 25.6 AC
MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY
CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL FEATURES: INPUT CURRENT:
0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL: POLYCARBONATE; CONNECTOR INFO:
MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR 81559160Program:
CLIN 0005
LIGHT, BEACON, OVERALL HEIGHT = 4.950 INCHES NOMINAL, OVERALL DIAMETER =6.750 INCHES
NOMINAL, LENS COLOR = AMBER, LIGHT BEAM MOTION = FLASHING ,VOLTAGE RATING IN
VOLTS = 12.8 AC MINIMUM AND 25.6 AC MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL
FEATURES: INPUT CURRENT: 0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL:
POLYCARBONATE; CONNECTOR INFO: MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON
INTERNAL INFOPR Program: HUSKQA: 21_230131140150
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).LIGHT, BEACON, OVERALL HEIGHT
MAXIMUM, LENS TYPE AND QUANTITY = 1 DOME, PLAIN, PART NAME ASSIGNED BY
CONTROLLING AGENCY LIGHT, BEACON, AMB, 10-30V, LED SPECIAL FEATURES: INPUT CURRENT:
0.50/0.30 AMPS; FLASH PATTERN: 75 DFPM;LENS MATERIAL: POLYCARBONATE; CONNECTOR INFO:
MS3106F12S-3P; PROTECTIVE OVERSLEEVE REQUIRED ON TOTAL LENGTH, 23 INCHES, OF WIRES SHAPE = ROUNDCertificate of Conformance is required.RIA INTERNAL INFOPR Program: HUSKQA:
21_230131140150
The following have been added by reference:
252.225-7036 (Dev) Buy American - Free Trade Agreements - Balance of
Payments Program (DEVIATION 2020-O0019)
JAN 2023
The following have been modified:
SOLICITATION NARRATIVE
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL
This action is restricted to OshKosh Defense IAW FAR 13.106-1(b)(1)(ii).
1. The Army Contracting Command – Rock Island (ACC-RI) hereby issues the solicitation W519TC23Q2147 for the procurement of Beacon Lights, in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). This Solicitation is issued in accordance with Federal Acquisition Regulation (FAR) Part 12 (Acquisition of Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures).
The Government intends to award one (1) Firm Fixed Price (FFP) purchase order to the lowest price, responsive, and responsible contractor whose quote conforms to the terms and conditions of the solicitation and represents the lowest total evaluated price, however, in the event that the contractor does not quote all items or cannot meet all delivery dates, more than one award may be made.
Contractors are responsible for providing their best price at the time of the quote submission. Contractor’s responsibility will be determined as outlined in FAR 9.104-1. The Government intends to evaluate proposals and issue an award without discussions with Offerors (except for clarifications as described in FAR 15.306(a)).
CLOSING DATE/TIME: CLOSING DATE AND TIME FOR THIS SOLICITATION IS 18 APRIL
2023 BY 11 AM CENTRAL TIME.
2. All offerors must complete the following provision contained within this solicitation if they have not completed it within the System for Award Management (SAM). Failure to comply may result in your firm being considered noncompliant.
FAR 52.204-24 - Representation Regarding certain Telecommunications and Video Surveillance Services or Equipment.
3. Quotes shall include delivery to Rock Island Arsenal, IL 61299.
4. Certificate of Conformance shall be provided with each shipment.
5. This solicitation includes an Option (CLIN 0005). The Government reserves the right to issue a portion of the Option quantity. As a result, it is possible the Government could exercise an Option up to the full Option quantity under multiple modifications. Vendors can choose to provide discount pricing for the Options based on quantity.
The total evaluated price includes all CLINs, including the Option quantities. Please see clauses 52.217-5 Evaluation of Options and 52.217-7 Option for Increased Quantity-Separately Priced Line Item for more information.
6. Payment will be made by the Defense Finance and Accounting Service (DFAS) via Wide Area Workflow
(WAWF).
7. Prices are to be limited to two decimal points.
8. Army Contracting Command Government Point of Contact (POC) Attachment.
Title Name Phone # Email Contract Mara Larson N/A mara.e.larson.civ@army.mil Specialist
Procuring David DeAnda 309-782-8753 david.d.deanda2.civ@army.mil Contracting Officer
Branch Corbin De La Cruz 309-782-7117 corbin.t.delacruz.civ@army.mil Chief
**NOTE: Communication with the Government should start at the lowest possible level.
9. Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies or groups. All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days prior to their visit. Pre-registration of visitors allows for the National Crime Information Center NCIC-III background check to be conducted prior to the individual arriving at RIA, reducing their wait time upon arrival.
It is the responsibility of the prime contractor to ensure that this information is passed along to any subcontractor or transportation provider used during the performance of this purchase order. DRIVERS WHO DO NOT MEET
THE INSTALLATION ACCESS REQUIREMENTS WILL NOT BE ALLOWED ON THE
INSTALLLATION AND WILL BE TURNED AWAY.
NOTE: As of 31 Dec 2015, Department of Defense and Department of the Army has directed that Driver Licenses and ID cards from Minnesota, Missouri and Washington are not compliant with the standards of the REAL ID Act and cannot be used on their own as a primary means of identification to apply for access to Rock Island Arsenal.
Driver’s Licenses that have written on the top of them “NOT FOR FEDERAL IDENTIFICATION PURPOSES” are also non-compliant.
These non-compliant driver’s license or state issued identification cards may still be presented at the Rock Island Visitor Control Center, but they must be accompanied by one of the following secondary forms of identification before a records check is conducted and installation access is granted:
*Current vehicle registration showing name and address *Social Security card *US passport or passport card *US Military or Draft Record (DD-214 or Selective Service Registration Card) *Veteran Health Identification Card issued by the US Department of Veterans Affairs
*Transportation Worker Identification Credential *Personal Identification Verification card issued by the Federal Government *Personal Identification Verification 0 Interoperable card issued by the Federal Government *US Certificate of Naturalization or certificate of citizenship (Form N-550)
*US Department of Homeland Security “Trusted Traveler” card (Global Entry, NEXUS, SENTRI, or
FAST)
*Driver’s license issued by the US Department of State *US Military Identification Card for military members, dependents and retirees *US Permanent Resident/Alien Registration Receipt Card (Form 1-551) *US Coast Guard or Department of Homeland Security Merchant Mariner card *Native American Tribal Photo Identification card
Visitor Access Request Forms and a complete list of acceptable identification can be found at https://home.army.mil/ria/ (click on Menu, then Visitor Information, and then under How to Visit Rock Island Arsenal click on the second bullet “How to obtain a visitor pass”. Then on the right side of the screen click on “Access Request Process”) or call 309-782-0551.
Forms may be emailed for faxed
All visitors must process through the Moline Visitor Center Gate (I-74) off of River Drive in Moline, IL.
Visitors (to include transportation and freight providers) will require proper identification to access RIA
POC for this Policy are: RIA Visitor Center, Phone 309-782-0551, FAX 309-782-5029, email:
usarmy.ria.imcom.mbx.usag-access-request@mail.mil
10. RECEIVING HOURS OF OPERATION:
Monday – Friday, 6:30am to 2:00pm CST Deliveries before or after the above stated hours will be turned away. Appointments are not necessary.
For Directions call: 309-782-8539 (Automated)
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 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. 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.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
___ (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 (OCT 2022) (15 U.S.C. 657a).
X (12) 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).
____ (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 2022) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (15 U.S.C.
657f).
X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (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.
X (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).
X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (40)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (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.
____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (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. 3805).
____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (60) 52.232-36, 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 2022) (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) X (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. Subtitle A, Part V, Subpart G 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)
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