W911SA22D1006 Award.pdf

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Fort McCoy Fire Extinguishers IDIQ Federal contract opportunity
Solicitation number
W911SA22D1006
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort McCoy

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W911SA22D1006 AT-OPSEC Cover Sheet.pdf PDF
W911SA22D1006 Existing Extinguisher Inventory.xlsx XLSX spreadsheet

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SEE ADDENDUM

(No Collect Calls)

X

W911SA22Q1033 17-Aug-2022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 21 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.251-422-5475

W911SA9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

W911SA22D1006 30-Sep-2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ALEX SCOTT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011772013-0002

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

STEVEN M. BAILEY / CONTRACTING OFFICER

$402,501.00

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.21-Sep-2022 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W911SA22Q1033

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 97H96 FACILITY

OFFEROR CODE

MICC - FT MCCOY

BLDG 1108 SOUTH R ST

FORT MCCOY WI 54656-5153

JT DAVIS HOLDINGS LLC

MATT DAVIS

400 SPRING GARDENS DR

BELMONT NC 28012-3086

DFAS INDIANAPOLIS

DFAS-INDY VP GFEBS

8899 E 56TH STREET

INDIANAPOLIS IN 46249-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0490

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W5CD3E 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W0XY DIRECTOR OF PUBLIC WORKS

DIRECTORATE OF PUBLIC WORKS

OPERATION AND MAINTENANCE DIVISION

2108 SOUTH 8TH AVENUE

FORT MCCOY WI 54656-5136

(608) 388-3798FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339999

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: steven.m.bailey2.civ@army.mil

608-388-6077TEL:

31c. DATE SIGNED

29-Sep-2022

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF39

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911SA22D1006

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. Award for the delivery of Fire Extinguishers to Fort McCoy, WI. The resultant contract is a firm fixed price, multiple year, indefinite delivery indefinite quantity (IDIQ) contract. The period of performance is 30 September 2022 through 29 September 2025.

2. This procurement is open market Unrestricted, under the NAICS Code 339999 with a size standard of 500 Employees.

3. An award for this requirement is made pursuant to FAR Part 13.5 Simplified Procedures for Certain Commercial Items and FAR Part 12, Acquisition of Commercial Items.

4. This will be a single award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

The minimum guarantee for the first year is the following:

CLIN Qty 0001 Exchange/Removal 1,140 Each 0002 Dry Chemical Extinguishers, 10 Pound 350 Each

0003 Dry Chemical Extinguishers ABC, 20 Pound 1 Each 0004 Dry Chemical Extinguishers BC, 10 Pound 21 Each 0005 Halogenated Extinguishers, 5 Pound 10 Each

There is no minimum guarantee beyond the first year.

In accordance with FAR 52.216-22, “Indefinite Quantity”, the quantities specified in the CLINs are estimates only and are not purchased by this contract.

The Government pays only for the actual quantities ordered and received by contract delivery order. The Government reserves the right to order the maximum quantities and is obligated to order only the minimum guarantee.

5. Functional POC: Charles Hilt, 608-388-5209, charles.a.hilt.civ@army.mil

6. Contracting Officer: Steven Bailey, 608-388-6077, steven.m.bailey2.civ@army.mil

7. Contract Administrator: Alex Scott, 608-388-4824, alexander.j.scott24.civ@army.mil. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

8. Post award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the successful offeror will be notified and will be required to attend.

The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

9. ALTERNATE DISPUTES RESOLUTION: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph

(d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum.

10. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

11. INSTALLATION ACCESS: Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

The contractor shall also provide all information required on the Fort McCoy form 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a NCIC-III Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An un-favorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors must process all Fort McCoy forms 451 and 452 through their Government sponsor (this is usually the COR).

Information required for Criminal History Check

Full Name, Including middle name(s) Sex Date of Birth Driver’s License information Issuing State Beginning and End date Access Hours Work location Company Name Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794.

12. ATTACHMENTS:

Attachment 1: AT OPSEC Attachment 2: Existing Extinguisher Inventory

STATEMENT OF WORK

1. MATERIAL SPECIFICATION: NFPA 10, Portable Fire Extinguishers

a. Halogenated extinguishers, NFPA 10, Standard on Halon 1301 Fire Extinguishing Systems 5 pound.

b. Dry chemical extinguishers NFPA 10, Standard for Dry Chemical Extinguishing Systems, ABC, BC 10 and 20 pounds

c. 10 Pound Dry Chemical Extinguisher Hangers

d. Wet chemical extinguishers, NFPA 10, Standard for Wet Chemical Extinguishing Systems (K) 2.5 gallon.

e. Exchange/Removal of fire extinguishers/exchange shall be the responsibility of the Contractor and the costs for removal shall be borne by the Contractor. There is an initial exchange/removal of 1140 Fire Extinguishers, and then as new Fire Extinguishers are delivered there will be additional Fire Extinguishers for exchange/removal. Upon removal of the uncertified fire extinguishers, the fire extinguishers become property of the contractor. Please note that the government is phasing out 5 pound and replacing with 10 pound for all ABC and BC type Fire Extinguishers. This means any 5 pound ABC and 5 pound BC Fire Extinguishers that are removed on this contract will not be needed again on the installation.

2. ORDERING: Fire Extinguishers will be ordered by issuance of a formal Delivery Order (DO) from the Contracting Office that will state the quantities and the period of performance (POP). The Contractor will coordinate with the Government Point of Contact (GPOC) and will place all fire extinguishers in the location on the Delivery Order, B2880, with certified operational NFPA 20 pound/10 pound with hangers for mounting, 5 pound, or 2.5 gallon units.

3. TIME OF DELIVERY: Delivery time shall be between 8:00 AM and 4:00 PM Monday through Friday, excluding federal government holidays. Deliveries outside of these hours will be accepted only when prior arrangements have been approved by the Government Delivery Point of Contact (GPOC).

5. DELIVERY COORDINATION: The Contractor shall designate a Vendor Point of Contact (VPOC) with contact information, to coordinate with the Government Delivery Point of Contact (GPOC). Contractor shall notify the Government Delivery Point of Contact, to schedule an appointment for delivery of items at least seven (7) calendar days in advance.

6. DELIVERY OF MATERIALS:

a. The Government will only pay for the quantity ordered. The Contractor is responsible for delivering the quantity ordered in each Delivery Order.

b. Deliveries shall commence within 7 calendar days after the supplier receives a request, either verbal or in writing.

c. The Contractor shall furnish all personnel and equipment for the loading, transporting, and unloading of the material for delivery.

d. The Contractor shall comply with all local, state, and federal laws and regulations.

e. Contractor’s bid shall include all freight, delivery and other surcharges.

f. For deliveries within the cantonment area, the Contractor will be required to enter the installation through Gate

20. Vehicles and personnel are subject to search upon entry to the Installation.

7. DELIVERY RECEIPT:

a. The Contractor shall provide proof of all deliveries.

b. The delivery receipt shall contain the type, date, and quantity delivered/removed.

c. The Government Delivery Point of Contact (GPOC) representative shall verify quantity, and collect the delivery ticket at the time of delivery.

Q&A Q: Could you give some clarity on what is being asked for in section 1 of the SOW in relation to what is being asked for on CLIN 0001-0018?

A: Please note that Section 1 of the Statement of Work provides additional information for CLINs 0001-0018.

CLINs 0001, 0007, and 0013 will be for the exchange/removal of the existing extinguishers. All other CLINs on this solicitation are for the procurement of new extinguishers.

Q: Will the Contractor be responsible for removing all 1140 extinguishers and disposing of them?

A: Exchange/Removal of fire extinguishers shall be the responsibility of the Contractor and the costs for removal must be considered and included in offeror’s quote.

Q: Will the Contractor be responsible for providing inspection tags?

A: No.

Q: Can you provide an estimated number of extinguishers that will need to be exchanged/removed at one time or per visit?

A: Extinguishers shall be exchanged/removed in accordance with the delivery orders and their period of performance dates.

Q: Can you provide any information on the extinguishers that are to be exchanged/removed?

A: The age of extinguishers ranges from 1988 to present. The brand names include Amerex, Sentry, and Buckeye;

please note that this is not all inclusive. The extinguishers have missed their six- and twelve-years services.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,500 Each $9.00 $22,500.00 Exchange/Removal

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to exchange/remove fire extinguisher at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

ADDITIONAL MARKINGS: Charles Hilt, 608-388-5209

PSC CD: 4210

NET AMT $22,500.00

0002 1,100 Each $98.97 $108,867.00 Dry Chemical Extinguishers ABC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 10 pound with extinguisher hangers at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September 2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $108,867.00

0003 5 Each $175.00 $875.00 Dry Chemical Extinguishers ABC, 20 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 20 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September 2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $875.00

0004 25 Each $105.00 $2,625.00 Dry Chemical Extinguishers BC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, BC, 10 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September 2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $2,625.00

0005 15 Each $375.00 $5,625.00 Halogenated Extinguishers, 5 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver halogenated extinguishers, NFPA 10, standard on halon 1301 fire extinguishing systems, 5 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September 2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $5,625.00

0006 5 Each $295.00 $1,475.00 Wet chemical extinguishers, 2.5 Gallon

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver wet chemical extinguishers, NFPA 10, standard for wet chemical extinguishing systems (K) 2.5 gallon at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 1 POP: 30 September 2022 – 29 September 2023 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $1,475.00

0007 1,200 Each $9.00 $10,800.00 Exchange/Removal

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to exchange/remove fire extinguisher at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $10,800.00

0008 1,100 Each $98.97 $108,867.00 Dry Chemical Extinguishers ABC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 10 pound with extinguisher hangers at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September 2024 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0009 5 Each $175.00 $875.00 Dry Chemical Extinguishers ABC, 20 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 20 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September 2024 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0010 25 Each $105.00 $2,625.00 Dry Chemical Extinguishers BC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, BC, 10 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September 2024 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0011 15 Each $375.00 $5,625.00 Halogenated Extinguishers, 5 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver halogenated extinguishers, NFPA 10, standard on halon 1301 fire extinguishing systems, 5 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September 2024 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0012 5 Each $295.00 $1,475.00 Wet chemical extinguishers, 2.5 Gallon

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver wet chemical extinguishers, NFPA 10, standard for wet chemical extinguishing systems (K) 2.5 gallon at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 2 POP: 30 September 2023 – 29 September 2024 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0013 1,200 Each $9.00 $10,800.00 Exchange/Removal

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to exchange/remove fire extinguisher at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

NET AMT $10,800.00

0014 1,100 Each $98.97 $108,867.00 Dry Chemical Extinguishers ABC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 10 pound with extinguisher hangers at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0015 5 Each $175.00 $875.00 Dry Chemical Extinguishers ABC, 20 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, ABC, 20 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0016 25 Each $105.00 $2,625.00 Dry Chemical Extinguishers BC, 10 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver dry chemical extinguishers NFPA 10, standard for dry chemical extinguishing systems, BC, 10 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0017 15 Each $375.00 $5,625.00 Halogenated Extinguishers, 5 Pound

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver halogenated extinguishers, NFPA 10, standard on halon 1301 fire extinguishing systems, 5 pound at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

0018 5 Each $295.00 $1,475.00 Wet chemical extinguishers, 2.5 Gallon

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver wet chemical extinguishers, NFPA 10, standard for wet chemical extinguishing systems (K) 2.5 gallon at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Year 3 POP: 30 September 2024 – 29 September 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011772013-0002

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $1.00 8,350.00 $402,501.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $1.00 8,350.00 $402,501.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A W0XY DIRECTOR OF PUBLIC WORKS

DIRECTORATE OF PUBLIC WORKS

OPERATION AND MAINTENANCE

DIVISION

2108 SOUTH 8TH AVENUE

FORT MCCOY WI 54656-5136

608-388-3423 FOB: Destination

W5CD3E

0002 POP 30-SEP-2022 TO

29-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 30-SEP-2024 TO

29-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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.]

X (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.)

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 (SEP 2021) (15 U.S.C. 657a).

X (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.

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

X (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).

X (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)).

____ (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).

X(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (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 (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.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (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.)

X (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) 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.

____ (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 (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)).

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 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) 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. 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)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (NOV 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial services.

(A) If--

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller.

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