Combined Synopsis and Solicitation - W912P924Q3429 Amendment 0001.pdf

US Army Corps of Engineers St. Louis District

Pintle Socket Supply

Mel Price Locks & Dam Alton, IL.

U.S. ARMY CORPS OF ENGINEERS ST.

LOUIS DISTRICT

MELVIN PRICE LOCKS AND DAM

#1 LOCK AND DAM WAY

EAST ALTON, IL 62024-2406

COMBINED SYNOPSIS & SOLICITATION

W912P924Q3429

AMENDMENT 0001 - 19 August 2024 The purpose of this amendment is to provide Contractor Questions and Government Answers, and make all related changes, and extend the offer due date. All other terms and conditions remain unchanged.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation Number: W912P924Q3429

This solicitation is issued as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

This solicitation is set-aside for total small businesses associated with North American Industrial Classifications System (NAICS) code 332999, size standard 750 Employees.

Please provide a completed copy of the FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items with your offer.

CAGE Code:

UEI Code:

Offeror Name:

Offeror Signature:

Date of Offer:

Questions are due to David Lewis, Contract Specialist, via email at david.r.lewis@usace.army.mil by 10:00am CST, 12 August 2024.

Offers are due to David Lewis, Contract Specialist, via email at david.r.lewis@usace.army.mil by 10:00am CST, 26 August 2024. By signing this form you acknowledge Amendment 0001.

Whitney Dee Contracting Officer mailto:david.r.lewis@usace.army.mil mailto:david.r.lewis@usace.army.mil

W912P924Q3429 Amendment 0001

SUMMARY OF CHANGES

The following have been added by full text:

QUESTIONS AND ANSWERS

Contractor Questions & Government Answers MPLD Pintle Casting Supply

W912P924Q3429 (Amendment 0001)

1. The pintle socket and pintle call out casting, is there any record of a casting company that would still have the pattern on file?

ANSWER: No, there is no pattern on file.

2. I see at 2.2.2.1 of 05 50 14 a requirement that the outside surfaces of the Pintle Sockets are to be machined all over to a 250 finish. This is a highly unusual requirement and I believe it is in error. Usually an as-cast finish that approaches 250 is sufficient for non-mating surfaces.

Not only would this unnecessary requirement add immense cost and time to the job but many of the surfaces of the Socket casting are inaccessible for machining. However, the base and the surfaces intended for the seating of the mounting bolts should be machined to 125 finish. Not sure about the quoin pocket.

ANSWER: Plans and specifications updated to specify locations where an as-cast finish approaching 250 finish is acceptable for the fabrication of the pintle socket (see Amendment 0001 General Notes on Plan Sheet G-001 and Specification Section 05 50 14, paragraph 2.2.2.1).

3. The assembly view D-1 on S-502 shows the head of the bolt A8 to be inside the keeper late 502-4. This is impossible as the keeper plate is only 5/16" thick. The detail drawing of the keeper plate 502-4 does not show a counterbore for the screw, but references a countersunk hole. It would seem that the bolt A8 is incorrect and the call out should be for a 1/2-13 flat head socket screw 1-1/2 long (overall.).

ANSWER: Plans and specifications updated to reflect change in the socket screw and corresponding holes in the pintle bushing and bushing keeper plate (see Amendment 0001 Plan Sheet S-502 and Specification Section 05 50 14, paragraph 2.2.2.6).

4. Will either or both options, if elected, be awarded at the same time and in addition to the base?

ANSWER: See Combined Synopsis and Solicitation, FAR Clause: 52.217-7 Option For Increased Quantity – Separately Priced Line Item and DELIVERY INFORMATION for the CLINs. The period of performance for any option exercised will be 365 days after it has been exercised.

5. If either or both options are awarded, the benefit to the Corps would be reduced pricing, but this would double or triple the amount of labor and casting supply needed. Will the performance time be appropriately extended, or the delivery of the option items be sequenced?

ANSWER: Period of Performance is 365 days after date of contract. See Combined Synopsis and Solicitation, FAR Clause: 52.217-7 Option For Increased Quantity – Separately Priced Line Item and DELIVERY INFORMATION for the CLINs. The period of performance for any option exercised will be 365 days after it has been exercised.

6. The specification at 2.1.2.2.3 calls for both ultrasonic and radiographic inspection. The cost of radiographic far exceeds that of ultrasonic and also significantly extends the time needed for performance. May we suggest that the wording be “radiographic or ultrasonic”? In a similar job involving pintles and bushings (W912ES24P0034) this was allowed.

ANSWER: No changes made to the specifications. Please follow the guidance in Specification Section 05 50 14, paragraph 2.1.2.2 and all corresponding sub-paragraphs (2.1.2.2.1, 2.1.2.2.2, 2.1.2.2.3, and 2.1.2.2.4) for non-destructive testing requirements.

7. Is it intended that the castings be RT’d before machining and the UT be performed after?

ANSWER: Please follow the guidance in Specification Section 05 50 14, paragraph

2.1.2.2 and all corresponding sub-paragraphs (2.1.2.2.1, 2.1.2.2.2, 2.1.2.2.3, and 2.1.2.2.4) for non-destructive testing requirements. Sequencing and scheduling of testing shall be left to the Contractor as means and methods to complete the work required in this project.

8. Since the equipment for RT is extensive and generally constructed and installed in the testing company’s lab, and since it is doubtful that either the steel or the bronze foundry has this in-house capability, can the RT (if not available through a third-party on-site contractor) be performed at the testing company lab instead of at the foundry?

ANSWER: Yes, the Contractor may utilize any sub-contractor to complete the requirements in the contract plans and specifications. The Contractor must ensure compliance with the Combined Synopsis and Solicitation including FAR Clauses:

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, 52.219-8 Utilization of Small Business Concerns, 512.219-14 Limitations on Subcontracting, and 52.219-16 Liquidated Damages – Subcontracting Plan.

9. Since the individual components of the job and of any added option may be presented for NDT inspection in less than full job batches, will notice of and CO presence at each event be required?

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ANSWER: Notification and Contracting Officer presence is not required to complete the NDT inspections. However, inspection reports must be submitted in accordance with the contract specifications.

10. Clarification needed as to which Contractor or supplier personnel require security training and certification and in what job description as referenced on page 3 of the Performance Work Statement.

ANSWER: Security training is required only for personnel performing work on a Government facility.

This is not applicable to performance of this contract since it is for a supply and delivery only.

11. FPCON pertains to military bases and installations so would not be relevant here. RAM deals either with security surrounding radioactive materials or pertains to an installation's force protection program and also does not appear to be relevant here. HCCON refers to security of personnel health and does not seem applicable to this Contract. The requirement needs to be more specific.

ANSWER: This information is provided for your information, so that you understand what could occur in case of an increase in security measures (FPCON, etc.) while attempting to deliver at the Government facility. Access could be denied for delivery; or if on the facility delivering, personnel could be required to stay in place. This is for your understanding, no action needed.

12. If security training is needed for this Contract, can the security training be conducted and certified by the Contractor or is this a third-party need?

ANSWER: Not required since this contract is for supply and delivery only; this contract requires no performance on Government facility.

13. The fit up and “scraping” of the bushings and the pintles (2.2.2.3 of Sec 5-50-14) Is an obsolete requirement, as is the mating in pairs. All components will be exactly to size and exactly alike using a CAD model created by the Contractor and the results verified by CMM measurement. Using today’s methods of creating and machining to a math or CAD model assures this. The random selection and demonstration of 80% or better contact of the surfaces can be performed.

ANSWER: Please follow the guidance in Specification Section 05 50 14, paragraphs

2.2.2.2 and 2.2.2.3 for fitting of pintles and pintle bushings. Proposed alternative utilizing CMM measurements to verify fit up of the pintles and pintle bushings will not be permitted for this project.

14. The drawing shows no holes in the sides of the bushing to accept the dog points of the setscrews MK-S-502-2. These holes would be installed in assembly with the socket, but a size is required.

ANSWER: Plans and specifications updated to specify size, depth, and locations of dog points in pintle bushing for set screws MK-S-502-2 (see Amendment 0001 Plan Sheet S- 501).

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15. No hole is shown leading from the grease pickup groove in the bushing to the return line hole in the socket. This hole would be drilled at assembly, but a size is required.

ANSWER: Plans and specifications updated to specify location and size of grease pickup groove in pintle bushing (see Amendment 0001 Plan Sheet S-102).

16. The hole in the top center of the bushing requires a dimension.

ANSWER: Plans and specifications updated to include information for hole in the top center of the pintle bushing (see Amendment 0001 Plan Sheet S-501).

17. What would be the format of the Customer furnished CAD model from the Inventor software?

ANSWER: Specifications updated to include additional details (see Amendment 0001 Specification Section 05 50 14, paragraph 1.3.1.2). Upon request by the Contractor following award of the contract, the Government may furnish Autodesk Inventor files in their native format to the Contractor for fabrication. This may include 2021 Autodesk Inventor Part files (.ipt) and Assembly files (.iam).

18. The shop drawings (1.3.1.2 of Section 05 50 14) would in all likelihood be exactly the same as the Government provided drawings. The Contractor would prepare the required detail drawings by “lifting” them intact from those drawings. If this is the case, why would there be a need for the Registered Professional Engineer (with seal) ? as he would in effect be approving the Government’s drawings.

ANSWER: Specifications updated to include additional details and information on requirements for shop drawing submittals and the registered professional engineering seal (see Amendment 0001 Specification Section 05 50 14, paragraph 1.3.1.2).

19. 1.3.1 of Section 01 78 00 deals with revisions made to As Fabricated Drawings. If no revisions have been made, is the contractor still required to supply the drawings in various formats as enumerated in sub section (b)? If not, what format should be used? If needed would the Government furnish the Inventor drawings in their native format? Since the drawings will be electronic, what is the meaning of “three copies?”

ANSWER: Specifications updated to include additional details and information on requirements for final as-fabricated shop drawings and models (see Amendment 0001 Specification Section 01 78 00, paragraph 1.3.1b).

20. What is the meaning of “storage media” as used in 1.3.1(b) of Section 01 78 00?

ANSWER: The term “storage media” as used in Specification Section 01 78 00, paragraph 1.3.1b refers to the information (models, drawings, etc.) contained within the

W912P924Q3429 electronic submittals for the final as-fabricated shop drawings and models required in the contract specifications.

21. The Contractor and its casting supplier may wish to opt for CNC cut foam patterns. These patterns are left in the mold and vaporize when the metal is introduced. This is increasingly a more prevalent method. In that case there would exist no physical pattern to ship to the customer. Would this be a problem?

ANSWER: Specifications updated to include additional details on mold patterns (see Amendment 0001 Specification Section 01 78 00, paragraph 1.2.2 and Specification Section 05 50 14, paragraph 2.1.2.1). CNC cut foam patterns are an acceptable alternative for this project.

22. On drawing page S 501, note 3 refers to a “pintle base” to which the pintle is to be fit. No such component exists. Please clarify.

ANSWER: The pintle base is an existing part to remain in place. The pintle shall be fit to the pintle base using an LC 5 fit based on a 2’-2” diameter hole in the pintle base. Plans have been updated to include a reference drawing showing the existing pintle base part for clarification (see Amendment 0001 Plan Sheet R-001).

23. We seek clarification on whether there are any restrictions regarding the manufacturing origin of castings for this project, and if castings produced both onshore and offshore are permissible.

ANSWER: Please reference Combined Synopsis and Solicitation DFARS Clauses 252.225-7000, 252.225-7001, and 252.225-7002, which have all been made full text.

24. The drawings call for the Pintle Bushing (MK-S-501-2) to be ASTM B148 (Sand Casting). The more common and better quality practice for these precision parts is ASTM B271 Centrifugally Cast which we have used on multiple USACE projects. Will centrifugally cast parts be acceptable for this RFQ?

ANSWER: Specifications updated to include additional details on the pintle bushing casting (see Amendment 0001 Specification Section 05 50 14, paragraph 2.2.2.3).

Centrifugal casting in accordance with ASTM B271 is an acceptable alternative for this project.

25. Spec section 05 50 14 refers to the uniform contact of the pintle and bushing by scraping. In lieu of scraping or bluing we would propose 3D coordinate mapping of the parts to both be more accurate and reduce damage to the mating parts. Will this be an acceptable alternative for this RFQ?

ANSWER: Please follow the guidance in Specification Section 05 50 14, paragraphs

2.2.2.2 and 2.2.2.3 for fitting of pintles and pintle bushings. Proposed alternative utilizing 3D coordinate mapping to verify fit up of the pintles and pintle bushings will not be permitted for this project.

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26. For the Pintle Ball (MK-S-501-1) the drawings call for a stainless cast piece hardened and machined. Would it be acceptable to offer a stainless forging for this part that would meet the mechanical properties of ASTM A297 GR HF? A forging would be better suited for the required part manufacturing and likely be less expensive.

ANSWER: Specifications updated to include additional information regarding the material requirements for the pintle, pintle bushing, and pintle socket, allowing for forgings that meet the material requirements specified for the respective parts as acceptable alternatives to castings (see Amendment 0001 Specification Section 05 50 14, paragraphs 2.2.2.1, 2.2.2.2, and 2.2.2.3). Based on the updated specifications, a stainless forging meeting the material and mechanical properties of ASTM A297 GR HF is an acceptable alternative for this project.

27. On S-501 “Sheet Notes” there is a fit called out for the Pintle (MK-S-501-1) to the Pintle Base (no mark or part shown) of LC-5. Will the Corps be providing dimensional surveys of the existing bases to assure the fit? The same sheet notes calls out the Bushing/Pintle Socket fit but does not give a fit for the Pintle to the Bushing. Can you please provide the required fit for these mating parts?

ANSWER: The pintle base is an existing part to remain in place. The pintle shall be fit to the pintle base using an LC 5 fit based on a 2’-2” diameter hole in the pintle base. Plans have been updated to include a reference drawing showing the existing pintle base part for clarification (see Amendment 0001 Plan Sheet R-001). Please follow the guidance in Specification Section 05 50 14, paragraphs 2.2.2.2 and 2.2.2.3 for fitting of pintles and pintle bushings.

28. Are 3D model drawings available for the pintle ball and housing? These would be most helpful in securing accurate pricing.

ANSWER: The Government will not provide 3D model drawings of pintle ball and housing prior to contract award. Specifications updated to include additional details (see Amendment 0001 Specification Section 05 50 14, paragraph 1.3.1.2). Upon request by the Contractor following award of the contract, the Government may furnish Autodesk Inventor files in their native format to the Contractor for fabrication.

The following have been modified:

PERFORMANCE WORK STATEMENT

MEL PRICE LOCKS & DAM

W912P924Q3429

Pintle Socket Supply

Contractor shall generate and fabricate mold patterns based on Government supplied drawings.

The Base Items include (1) one left side mold pattern and (1) one right side mold pattern, and the custom fabricated castings shall be (1) one left side and (1) one right side (CLINs 0001-0005).

The molds shall become Government property once they are utilized for this contract. Optional quantities for the custom fabricated castings shall be (2) left side and (2) right side. Option A is one set (CLINs 0006-0010), and Option B is one set (CLINs 0011-0015). Contractor shall be responsible for all labor, materials, delivery, incidentals, etc. to generate, fabricate and deliver all mentioned molds and castings to Mel Price Locks and Dam located in Alton, IL.

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative.

The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures - -this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and

W912P924Q3429

Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

Attachments:

Attachment 1 – MPLD Pintle Supply Plans (Amendment 0001) Attachment 2 – MPLD Pintle Supply Specifications (Amendment 0001) Attachment 3 – MPLD Pintle Supply Submittal Register

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

X (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

X (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

X (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 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).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (19)(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.

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X (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

X (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

X (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

X (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

X (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (40) 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.)

____ (41)(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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

X (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

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____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

X (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

X (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (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.]

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

X (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).

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X (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).

X (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).

X (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).

X (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).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

X (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiv) 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.

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

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

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

(xvii) 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.)

(xviii) 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)

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

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

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

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

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

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(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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)

The following were previously included by reference and are now included by full text:

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (FEB 2024)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying country, qualifying country end product, and United States, as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program--Basic clause of this solicitation, the Offeror certifies that--

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(2) The Offeror certifies that the following end products are qualifying country end products:

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Line item No. Country of origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Exceeds 55%

Line item No. Country of origin domestic content (If known) (yes/no)

(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number [List as necessary]

(End of provision)

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in section 2.101 of the Federal Acquisition Regulation (FAR));

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

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(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to the U.S.

supply chain. The list of critical items is at FAR 25.105.

Domestic end product means--

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both--

(i) An unmanufactured end product mined or produced in the United States; or

(ii) An end product manufactured in the United States if--

(A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, unless an alternate percentage is established for a contract in accordance with FAR 25.101(d), or award is made before January 1, 2030, for a foreign end product that exceeds 55 percent domestic content (see Defense Federal Acquisition Regulation Supplement 225.103(b)(ii)). The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued).

Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that--

(1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or

(2) It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of iron and steel not produced in the United States or a qualifying country constitutes less than 5 percent of the cost of all the components used in the end product (produced in the United States or a qualifying country means that all manufacturing processes of the iron or steel must take place in the United States or a qualifying country, except metallurgical processes involving refinement of steel additives). The cost of iron and steel not produced in the United States or a qualifying country includes but is not limited to the cost of iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings, not produced in the United States or a qualifying country, utilized in the manufacture of the end product and a good faith estimate of the cost of all iron or steel components not produced in the United States or a qualifying country, excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the explanation of cost of components in paragraph (1)(ii)(A) of this definition.

End product means those articles, materials, and supplies to be acquired under this contract for public use.

Foreign end product means an end product other than a domestic end product.

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Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Lithuania Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland

Qualifying country component means a component mined, produced, or manufactured in a qualifying country.

Qualifying country end product means--

(1) An unmanufactured end product mined or produced in a qualifying country; or

(2) An end product manufactured in a qualifying country if--

(i) The cost of the following types of components exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, unless an alternate percentage is established for a contract:

(A) Components mined, produced, or manufactured in a qualifying country.

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(B) Components…