W9098S20Q0068-0002.pdf

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Attached to
Overhead Cranes Federal contract opportunity
Solicitation number
W9098S20Q0068
Issued by
Department of the Army Materiel Command Contracting Command Rock Island Arsenal

About this file

This document contains an amendment to a solicitation for overhead cranes. The amendment extends the response deadline from June 22nd to July 2nd at 1:30 PM. It removes clause 52.219-9 and publishes answers to contractor questions to provide clarifications. The solicitation is for overhead cranes in support of the Rock Island Arsenal - Joint Manufacturing and Technology Center. Contractors must provide company and attendee information for a scheduled site visit. The Department of the Army Materiel Command Contracting Command Rock Island Arsenal is the issuing agency. Pricing terms include net 30 days payments.

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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

Please see Amendment 0002 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 25-Jun-2020

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 W9098S20Q0068

X 9B. DATED (SEE ITEM 11)

21-May-2018

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

25-Jun-2020

CODE

ROCK ISLAND ARSENAL (ACC-RI)

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

W9098S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9098S20Q0068

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 0002 NARRATIVE

The purpose of Amendment 0002 is to

1. extend the closing date until 1:30pm, 02 July 2020

2. remove clause 52.219-9, which was inadvertently included in the original solicitation

3. publish the following questions and answers:

Q1: What is the brand and amperage of the conductor bar for the new kit cranes? We will have to match the shoes to the bar.

A1: All 18 of these cranes are on 3 rails no ground. The rail itself is rated for 600V and 90 continuous amps and 135 intermittent amps.

Q2: What is the weight of the Whiting cranes to be taken down? We need to size the proper crane to remove them.

A2: As for the crane weight, they should probably come in and look at the cranes themselves. It all depends on how they are going to take them down, piece at a time, or altogether.

Q3: What days and shifts would work best for operations for the take down of the cranes and installing the new ones? We would have aisles blocked with equipment.

A3: Days and shifts are stated in the SOW. We can work with contractors if they need to work outside of those hours provided we get enough notice. Blocking the aisles should not be a problem as you would not be blocking them all at the same time so we can work around.

Q4: Is there any constraint on the headroom of the crane? (max. high hook position from the ground)

A4: It is only limited by existing items such as big ceiling fans, lights and ductwork/piping. There is an Occupation safety and Health Administration (OSHA) clearance requirement. The vendor is responsible for designing to meet those requirements. The existing cranes meet the standards and we would expect that new, lower capacity cranes would be shorter, but so long as it meets national standards and does not hit existing items, it will be satisfactory. The hook must reach at least 19-ft in all buildings.

Q5: How is government planning to exercise the option CLINs, this will have effect on the mobilization/demobilization cost for the option CLINS. If government is planning to award option CLINS at different time frames the mobilization cost for the crane will go up, if there multiple option CLINS are awarded the mobilization/demobilization cost will be shared among those

CLINS.

A5: Plan is to award the base project along with as many of the options as possible with the funds available. Remaining options would be awarded no later than the end of October as a single add-on batch depending upon availability of funding. They will not be awarded in many small batches.

Note that the CLINs 0001 and 0002 are the only guaranteed CLINs.

Q6: Where do the push button track and festooning need to hang from the P & H 20 ton cranes?

A6: We would want these mounted to the north side of the crane (the existing building catwalk side).

Q7: Are you wanting 5 speed push button stations or 2 speed push button and add timers to the P

& H 20 ton?

A7: Per the scope of work, the minimum requirement is for a 2-speed. A 5-speed would exceed the minimum requirement and would therefore be acceptable.

Q8: Is floor rated for 30,000 lb. forklift?

A8: Yes

Q9: Is all runway electrification being replaced or just adding another run to make 4 bar?

A9: Per paragraph 4.2.2 the intention is to use the existing electrical system. If a vendor requires that a particular item be changed then they should bid and install accordingly (realize that the other cranes on each rail system must also continue to function).

Q10: What is the amperage of the existing bar?

A10: See question 2 above.

Q11: Can cranes being removed be staged outside or must they be removed off island immediately?

A11: There is room southwest of B220 to stage materials pending disposal.

Q12: Is the successful bidder able to schedule another site visit to clear up all aspects of the job?

A12: Once the bidder becomes the “Contractor” he/she may make as many visits as necessary to plan and execute the contract. Plant Engineering personnel will be available to assist with scheduling and getting information.

Q13: Does the traveling pendant on the 20 ton cranes go on the Cab side girder or the catwalk side?

A13: See question 6 above.

Q14: Can torches be used on the ground for the 10 ton crane disassembly?

A14: Yes. A hot work permit is required from the RI Fire Department each day that cutting is to be performed. This requires calling the non-emergency number about 30-minutes ahead of performing work (or the beginning of the day). They ensure that proper fire extinguishers are in the area and that there are no fire hazards (normally takes about 10-minutes on-site)

Q15: 7.1.2, what will it require to get approval for multi day delivery of new cranes? There will be too many cranes to offload in 6 hours

A15: The hours listed are the normal work hours for the receiving office. This paragraph applies for any items that the contractor would ship ahead that would need to be unloaded by JMTC (e.g.

small items) As many days as are needed may be scheduled. Also, since the contractor will be unloading these and not sending to our receiving office, the schedule is driven by 7.2.5 (complete unloading/loading by 1530 each day).

Q16: Is there an area to stage the cranes once they are off loaded before they are landed on the runways?

A16: There is limited space inside the buildings. We can make room for at least one crane in each location inside the building. There is also room outside per question 11 above.

Q17: 3.2.3 will the real ID be extended to 2021 based on current conditions?

A17: We received notification yesterday (17-Jun-20) that Real I.D. would be extended to 01-Oct- 2021.

Q18: Is RIA responsible for the load testing of the new cranes?

A18: RIA-JMTC will perform the testing. The contractor should expect to be present and observe the test.

Q19: What is site preparation as noted on the spec sheet?

A19: That would be determined by individual contractor. In this case it would include things such as measuring the exact rail spacing, checking the existing conductors to ensure that the correct materials are purchased and installed, etc.

Q20: What are the payment terms?

A20: Net 30 days

Q21: When would the training begin and how many attendees?

A21: This is scheduled as soon after installation is completed as possible. Generally there would be 3-4 Maintenance employees to be trained.

Q22: What spare parts are you looking for? The hoist manufacture has a recommended list we can suggest.

A22: Spare parts are not included in this project scope of work. The spare parts recommended list will be helpful to our Maintenance department so that they can ensure that we have the correct items on-hand.

Q23: Can I get a little more detail on shipping the old cranes out of the facility and shipping of new crane into the facility?

A23: Shipping and loading are the Contractor’s responsibility. We need to know when it leaves the island in order to clear out property book. Anything more will require a more specific question.

Q24: With regards to the old cranes, do you care what is done with them once they leave the Arsenal?

A24: These items are not sensitive. Once they are taken from the rails, they become the property of the Contractor and he/she can dispose of them in any way they see fit.

Q25: Is there any constraint on high speed for hoisting, the standard commercial hoists for the given height of lift is in the range of 26-31 fpm, will that be acceptable?

A25: The scope of work calls for a particular maximum in order to match existing crane speeds.

We want to keep the speeds consistent in order to make it easier for shop floor personnel to operate and reduce risk of damage or injury.

Q26: Can we use VFD for hoists?

A26: A VFD is acceptable as it exceeds the minimum requirement of “at least two speeds”.

Q27: Do the 20 ton cranes that need the new pendant festoon, do they already have VFD control on all motions?

A27: No.

Q28: The specs call out work hours from 8:00 am to 3:00pm Monday-Friday. Can we work longer hours or do we have to work within those hours?

A28: See question 3 above.

Q29: What are the controls on the P&H crane we are modifying, contactor or frequency drives?

A29: This information should have been gathered at the site visit. The controls are contactor operated.

Q30: Can we get a schematic for the P&H crane controls?

A30: Schematics are not available.

Q31: Are the existing P&H crane controls five speed?

A31: This information should have been gathered at the site visit.

Q32: Spec 5.1.5 calls out variable speed drives for the bridge. Are we providing all new crane controls or just a VFD for the bridge?

A32: There would be little purpose to installing VFD drives without the appropriate controls to operate them. Therefore good design practice dictates that the controls be changed to the extent necessary to utilize the required VFD drives.

Q33: Do the cranes we are disposing of have lead paint and asbestos? (The crane group told me that we should assume there is lead paint and asbestos.)

A33: We are not sure about the lead paint. The old asbestos brake linings were replaced back in the 80's.

Q34: What is the headroom above the cranes we are removing? (In the photos there a big ass fan that looks to be obstructing headroom)

A34: This information should have been gathered at the site visit.

Q35: Are there any obstructions in the areas we are removing the cranes?

A35: This information should have been gathered at the site visit.

Q36: How wide and tall are the doorways in the areas we are removing and installing the cranes?

A36: The purpose of the site visit was to allow potential vendors to see the area and gather information that they determined to be of interest to them. As the significance of various information is different depending upon each company’s capabilities and plans of execution. This information should have been gathered at the site visit.

Q37: Is there a potential for lock downs or delays due to the movement of sensitive material?

A37: No. There are currently no jobs planned that would have this type of impact to the project.

Q38: We are to provide maintenance training. Are the individuals we are training skilled mechanics and electricians?

A38: Yes. The individuals to be trained would be those Maintenance staff who already care for the existing cranes.

Q39: How many maintenance people need to training?

A39: Up to (4) personnel. Training may be performed in a single session or multiple at the discretion of the provider based upon the content.

Q40: What maintenance parts are you expecting the Vendor to stock?

A40: We do not require the vendor to stock any particular materials. The purpose of paragraph

9.1.4 is to ensure that typical preventive maintenance materials are available.

Q41: The specifications state that flexible conduit is not to be used in exposed areas. What is an exposed area? Can we use flexible conduit to wire motors and brakes?

A41: Exposed areas are any location or path where an operator would normally access (e.g. no flex lines in the cabs or across walk-ways. Areas that are only accessed for maintenance purposes would be okay to have flexible lines.

Q42: Are there existing floor disconnects in the areas we are installing the cranes?

A42: The purpose of the site visit was to allow potential vendors to see the area and gather information that they determined to be of interest to them. As the significance of various information is different depending upon each company’s capabilities and plans of execution. This information should have been gathered at the site visit. Each crane bay has a bay disconnect located at floor level.

Q43: Where are the floor are disconnects that are called out in the specs going to be installed?

A43: Each crane bay has a bay disconnect located at floor level. The existing locations would be acceptable or could be relocated if necessary based upon the contractors requirements. If relocated, the new location must meet the requirements of the specification.

Q44: Can we schedule another site visit to gather information?

A44: Not at this time.

Q45: Typical crane bumpers are not designed to take a full load full speed impacts. Does the customer want spring loaded bumpers and or anti-collision systems on the new cranes?

A45: Bumpers shall meet or exceed CMAA 4.14 "Bumpers and Stops". These bumpers need to match up with the existing crane bumpers/stops in the bay. This was called out in the SOW, paragraph 2.2 - 2.2.4.

Q46: Will the customer consider upgrading the runway conductor bar system to a four bar system?

VFD manufacturers recommend using a four bar system with a dedicated ground bar.

A46: There is no intention for RIA-JMTC to perform any changes. If the vendor provided equipment requires changes, these must be reflected in that potential vendor’s bid.

All other terms and conditions remain unchanged.

END Amendment 0001 Narrative

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 22-Jun-2020 02:30 PM to 02-Jul-2020 01:30 PM.

The following have been modified:

52.252.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

(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).

(3) 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).

(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 items: (Contracting Officer check as appropriate.)

X (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 (June 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 (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).

X (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 (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

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

____ (ii) Alternate I (MAR 2020).

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

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

X (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 (MAR 2020) (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 (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

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

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(a)(17)).

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

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(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 (JUL 2014) (29 U.S.C. 793).

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

X (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (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 (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).

X (36) 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.)

____ (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 (DEC 2007) (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 (AUG 2011) (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) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (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.

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

X (51) 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).

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

____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (62)(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 (Oct 2015) (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 (l) 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 2015) (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) x (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

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

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

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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). 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(End of Summary of Changes)

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