W9127821R0058 Solicitation.pdf
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- Solicitation number
- W9127821R0058
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This solicitation requests proposals to provide grounds maintenance services at a Department of Defense facility in Miami, Florida. The contractor shall furnish all labor, materials, and equipment to perform services such as mowing, trimming, weed control, and trash removal across approximately 150 acres. The requirement includes maintenance of buildings, fences, roadways, fields, and landscaping. The solicitation is set aside 100% for small business and offers are due by July 26, 2021. The contract will have a one-year base period and four one-year options.
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| W9127821R0058 Solicitation-Bid Schedule.xlsx | XLSX spreadsheet |
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SEE ADDENDUM
(No Collect Calls)
W9127821R0058 23-Jun-2021
b. TELEPHONE NUMBER
251-690-3349
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 26 Jul 2021
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
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.
W912789. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SOPHIA M CHIN
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ENDIST MOBILE CONTRACTING DIVISION
109 ST JOSEPH ST
MOBILE AL 36602
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
561730
X
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
EMAIL:
TEL:
31c. DATE SIGNED
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 OF59
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.
W9127821R0058
Section SF 1449 - CONTINUATION SHEET
PROJECT SPECIFIC SUBMISSION INSTRUCTIONS AND REQUIREMENTS
1.0 Introduction. This is a Federal Acquisition Regulation (FAR) Parts 12, 13, 37 and FAR Subpart 13.5, commercial, competitive, Small Business, Best Value - Tradeoff, source selection in support of the Mobile District. In this source selection, the Government intends to make one
(1) award of a Firm Fixed Price contract resulting from this solicitation. The term of this contract will be for one base year and four one-year options. Each competing Prime Contractor, hereinafter referred to as the “Offeror”, shall submit a proposal that includes the required submission information found in this Section and FAR Clauses 52.212-1 and 52.212-2, to demonstrate the Offeror’s capabilities to perform the work described in this Request for Proposal (RFP) at a fair and reasonable price. By submission of a proposal, the Offeror accedes to all the terms of this RFP. FAR Clause 52.212-2 outlines the proposal evaluation process, including factors and criteria, and the basis for award. Below are project specific, proposal submittal instructions to the Offeror based on requirements important to this solicitation. The Offeror must follow the instructions and incorporate the requirements into their proposal.
1.1 Who May Submit. Any responsible business organized as a prime contractor that is self-certified as a Small Business as defined by the U.S. Small Business Administration. The North American Industry Classification System (NAICS) code for this solicitation is 561730.
1.2 Project Description. In general, this project is described in the Scope of Work. Reference the entire Scope of Work, along with all Drawings, and other Clauses and Appendices for the entire scope of effort required.
1.3 Request for Information. Any questions about this solicitation, including technical questions about the Scope of Work, shall be submitted via the Bidder Inquiry Portal in ProjNet at https://www.projnet.org/projnet. Questions should be submitted no later than 19 July 2021, at 2:00 p.m. Central Daylight Savings Time to allow time for a response, and an amendment to the solicitation, if necessary. On this date and time, the portal will be closed. For technical questions, no other means of communication (e-mail, fax or telephone) will be accepted. Oral exchanges between Offerors and the Government prior to award of the contract will not be binding. In addition to the information available to the Offerors on the Bidder Inquiry Portal, any information concerning this solicitation will be furnished to all Offerors as an amendment to the solicitation if the information is necessary to the submittal of offers.
To submit and review inquiries, an Offeror needs to be a current registered user of the ProjNet system. To register, go to https://www.projnet.org/projnet, click the “BID” tab, select “Bidder Inquiry”, select agency “USACE”, enter the “Bidder Inquiry Key” for the solicitation listed below, and your e-mail address, and then click login. Complete all required information and then click “Create User”. Verify that information on the next screen is correct and click “Continue”.
From this page you can view all bidder inquiries for this solicitation or submit an inquiry.
Offerors will receive an acknowledgement of their question via e-mail, and the Mobile District’s technical team will post a response to the ProjNet system after it has been processed.
SOLICITATION NUMBER: W9127821R0058
BIDDER INQUIRY KEY: 3AUEG4-YTSMYY
Note: Any inquiry submitted and answered within this system, will be accessible to view by all interested Offerors on this solicitation.
If there are any conflicts between the solicitation and the responses provided in the ProjNet system, the solicitation governs. Changes to the solicitation will be made by amendment.
1.4 Site Visit.
a. A site visit will be conducted at the DoD Joint Communications and Engineering Support Element (JCESE) Facility.
DoD JCESE Facility 15810 SW 12th Avenue Miami, FL 33177
DATE: 07 July 2021 TIME: 09:00 a.m. Local Time
b. Attendance at the site visit is strongly recommended. The duration of the tour will be approximately three (3) hours. All interested Offerors are urged and expected to attend the scheduled site visit and to inspect the site(s) where the work will be performed. (FAR
52.237-1 SITE VISIT (1984)).
c. The number of attendees for the site visit is limited to two (2) from each firm. For access to the DoD Facility, contact Dwight Chambers via telephone at 305-252-4590 or Ralph Farley at 305-252-4596 no later than five (5) working days prior to the scheduled site visit date with the following information for each of the attendees:
Full Name Company Name Driver License Number Date of Birth U.S. Citizenship required
On the date of the schedule site visit, Offerors are strongly encouraged to arrive at the Visitors Center no later than one (1) hour prior to the scheduled time to allow ample time for processing through enhanced security procedures, which must be accomplished prior to entrance to the compound.
d. Information obtained during the site visit, but not included in the scope of work, is not contractually binding.
1.5 Proposal Submission Address and Deadline: Submit proposal packages electronically, as described below. The proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited. The Government must receive your proposal no later than the time and date specified in Block 8 of the SF1449. Any and all amendments to the solicitation shall be acknowledged by completion of Block 15 of the SF30.
NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via DoD SAFE online submission. NO OTHER TRANSMISSION METHODS
(E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.
Offerors shall submit their proposals using the following link: https://safe.apps.mil/.
Submit proposals using the link above to:
Contract Specialist: Ms. Sophia Chin at sophia.m.chin@usace.army.mil AND Contracting Officer: Mr. John (Chris) Vandiver at john.c.vandiver@usace.army.mil
1.5.1 Instructions for Submitting Electronic Proposals. In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the SAFE site.
Offerors may use compression utility software, such as WinZip or PKZip, to reduce file size and facilitate transmission.
1.5.2 Request for Upload Code. Offerors must email the Contract Specialist Sophia Chin at sophia.m.chin@usace.army.mil and the Contracting Officer Chris Vandiver at john.c.vandiver@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to request a code at least five (5) working days before the proposal due date may not be able to receive a request code in time to upload their proposal submission. Offerors will receive an email from the SAFE site with a link to upload files. The link is only valid for 14 days from the time of the email.
1.5.3 File Description. Include a “File Description” for each file(s) you upload. The “File Description” will be included in the e-mail notice to each of the recipients you choose to have access your file(s).
NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.
1.5.4 Instructions for the SAFE Website:
a. Click on the link in the email received in response to paragraph 1.5.2 or copy the link and paste it into your browser, OR once at the SAFE website, select the “Drop-off” icon.
Enter your “Request Code” which are the numbers at the end of the link contained in the email received in response to paragraph 1.5.2. This allows users without a Common Access Card (CAC), or users whose computer is not configured to read a CAC, the option to access the SAFE site as a Guest.
b. After selecting the “Next” link, you will be prompted to enter your personal information, file information, recipient (Government representative) information and email settings.
c. When completing your file information for transmittal via the SAFE website, you will be required to enter the e-mail address for all recipients. For this solicitation, the recipients are the Contract Specialist sophia.m.chin@usace.army.mil and the Contracting Officer john.c.vandiver@usace.army.mil. The e-mail address of the Government Employee who initiated the request code will be automatically entered. The Offeror must enter the e-mail addresses for both the Contract Specialist and the Contracting Officer. The Offeror may enter an additional e-mail address if desired. After entering the e-mail address, click the “Add” button to add the recipient’s e-mail address to the “Recipients List” of your response. After your proposal has been submitted, a notification will be sent to the recipients that you added.
NOTE: Do NOT send the SAFE site packages to group e-mail accounts.
Even if your proposal has been successfully uploaded to the SAFE site, notification will not be sent to the Government recipients until you have verified your e-mail address. Entering an incorrect e-mail address may result in the rejection of your proposal submission for lateness. An Offeror can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.
NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.
1.5.5 Receipt of Submissions. For the purposes of establishing whether a proposal submission is considered timely, the Government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes, or even hours, in some cases.
The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.
1.6 Period for acceptance of offers. Addendum to FAR Clause 52.212-1(c). The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
1.7 Electronic Proposal Submission Requirements. The Government will only accept proposals in the electronic format described above. There should only be a total of four (4) files (3 PDF files and 1 Excel file). Label each file with the solicitation number, file description (i.e. Volume I) and company name. Do not password protect files because that is not compatible with the Army Virtual Contracting Enterprise. Any paper copies that are submitted will not be reviewed and will be destroyed.
a. Volume I PAST PERFORMANCE AND TECHNICAL APPROACH Submit one PDF file.
Electronic versions shall be 8-1/2” x 11” format (Times New Roman, 12 point, single-spaced, 1” margins, one page is one side only).
Electronic versions of spreadsheets and foldouts shall not exceed 11” x 17”.
No Cost Information is to be submitted in Volume I.
b. Volume II COST PROPOSAL Submit one PDF file and one Excel Workbook.
In the footer of each Excel worksheet, provide date, solicitation number, and company name.
c. Volume III ADMINISTRATIVE REQUIREMENTS Submit one PDF file.
Electronic versions shall be 8-1/2” x 11” format (Times New Roman, 12 point, single-spaced, 1” margins, one page is one side only).
Electronic versions of spreadsheets and foldouts shall not exceed 11” x 17”.
Each sheet shall include the date, solicitation number, and company name.
1.7.1 To effectively and equitably evaluate proposals, the Government must receive information sufficiently detailed and in the order described below that clearly describe an Offeror's capabilities. It is the responsibility of the Offeror to submit complete proposal information and documents that are fully responsive to the submission requirements of the solicitation. Offerors are responsible for organizing submitted material logically as it relates to the requirements of this solicitation and to number all pages to facilitate evaluation. Materials not organized appropriately and in the sequence of subparagraphs set out below, may easily be overlooked during evaluations, possibly affecting an Offeror’s rating.
2.0 Volume I Past Performance and Technical Requirements. See FAR Clause 52.212-2 for requirements regarding evaluation factors and evaluation criteria for Volume I.
3.0 Volume II Price Requirements. See FAR Clause 52.212-2 for requirements regarding evaluation factors and evaluation criteria for Volume II.
4.0 Volume III Administrative Requirements. In Volume III, the Offeror is to submit the following:
(1) Signed and dated SF1449 along with an acknowledgement of any and all amendments by completion of Block 15 of the SF30;
(2) Completed Proposal Data Sheet (See Attachment 1 at the end of this section);
(3) Completed Representation and Certifications contained at FAR Clause 52.212-3 or a copy from the Offeror’s SAM registration;
(4) Joint Venture Agreement (if applicable): If the Offeror is a Joint Venture, a copy of the fully executed Joint Venture Agreement must be provided. For 8(a) Joint Ventures, the Offeror shall also submit evidence that it has notified and discussed the proposed Joint Venture with its SBA Servicing office. Failure to comply with the foregoing requirements may render the bid non-responsive.
(5) Financial Statements. Provide a current financial statement of the Offeror, certified by an independent accounting firm, if practicable, or by an authorized officer of the organization. If the financial statement is more than 60 days old, a certificate must be attached stating that the company’s financial condition is substantially the same or, if not the same, what changes have occurred. Such statements will be treated as confidential by the Government.
(6) Bank Reference Letter. Offeror shall provide a reference from their current Banking
Institution (on bank letterhead), which will be treated as confidential by the Government, stating the following:
i. What date was the accounts(s) opened with your bank?
ii. What is the average balance for the last 12 months on the company account (about how many figures)?
iii. Has this company established a line of credit with your bank? If so, what is the credit amount and how much is available at this time? If not, is the bank willing to establish a line of credit for this company?
If so, is the bank willing to establish one in the low six figure range?
iv. Please indicate how you would evaluate the company as a customer:
Poor; Fair; Very Good; Excellent.
v. Are the company account(s) in good standing? Yes or No
(8) Notice of Exceptions. Offeror shall identify any exceptions, deviations or waivers from the solicitation in the Notice of Exceptions Form (See Attachment 2 at the end of this Section).
ATTACHMENT 1
PROPOSAL DATA SHEET
In addition to the completed and signed SF1449, submit the Proposal Data Sheet and include in Volume III Administrative Requirements.
1. Name of Solicitation:
2. Offering Firm’s Name as it appears on the SF1449:
Offering Firm’s DUNS number as it appears on the SF1449:
Offering Firm’s CAGE Code as it appears on the SF1449:
3. Mailing Address:
4. Telephone Number:
5. Fax Number:
6. E-mail Address to use for all correspondence:
7. AUTHORIZED NEGOTIATORS. The Offeror represents that the following person(s) are authorized to negotiate on its behalf with the Government in connection with this Request for Proposal (RFP).
List name(s), title, and telephone numbers of authorized negotiator(s).
Name of Person(s) Authorized to Negotiate:
Negotiator’s Address:
Negotiator’s Telephone:
Negotiator’s E-mail:
End of ATTACHMENT 1
ATTACHMENT 2
NOTICE OF EXCEPTIONS
Any exceptions, deviations or waivers from the solicitation shall be specifically identified below.
If none, state so. Any exception, deviation or waiver not specifically identified below, regardless of whether it is included in the proposal, shall be deemed invalid. May supplement with additional pages if necessary.
End of ATTACHMENT 2
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Base Year-Grounds Maintenance
FFP
Furnish all necessary labor, materials and equipment to perform grounds maintenance services at DOD JCESE in Miami, FL in accordance with attached Scope of Work.
FOB: Destination
PSC CD: S208
NET AMT
0002 12 Months OPTION Option Year 1-Grounds Maintenance
FFP
Furnish all necessary labor, materials and equipment to perform grounds maintenance services at DOD JCESE in Miami, FL in accordance with attached Scope of Work.
0003 12 Months OPTION Option Year 2-Grounds Maintenance
FFP
Furnish all necessary labor, materials and equipment to perform grounds maintenance services at DOD JCESE in Miami, FL in accordance with attached Scope of Work.
0004 12 Months OPTION Option Year 3-Grounds Maintenance
FFP
Furnish all necessary labor, materials and equipment to perform grounds maintenance services at DOD JCESE in Miami, FL in accordance with attached Scope of Work.
0005 12 Months OPTION Option Year 4-Grounds Maintenance
FFP
Furnish all necessary labor, materials and equipment to perform grounds maintenance services at DOD JCESE in Miami, FL in accordance with attached Scope of Work.
CLAUSES INCORPORATED BY REFERENCE
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
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Alt I Offeror Representations and Certifications--Commercial
Items (FEB 2021) Alternate I
OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-1 Site Visit APR 1984
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 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
252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2018
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
SEE APPENDIX A.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)
(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 2020) (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.)
_XX__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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.)
_XX__ (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).
_XX__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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]
_XX___ (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.
_XX___ (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 (JUN 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 (JUN 2020) of 52.219-9.
____ (v) Alternate IV (JUN 2020) 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 (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).
_XX___ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 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)).
_XX___ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
_XX___ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_XX___ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
_XX___ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
_XX___ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
_XX___ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
_XX___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_XX___ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 (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 (MAY 2020) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
_XX___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).
____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 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).
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
_XX___ (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 (JUN 2020).
____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_XX___ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.)
_XX____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_XX____ (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).
_XX____ (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).
_XX____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).
_XX____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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 (JUN 2020) (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 2020) (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).
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