B08.02 Request for Quotes (RFQ) W913E525Q0003.pdf
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- AIR SERVICES - SEA ICE BUOY DEPLOYMENTS Federal contract opportunity
- Solicitation number
- W913E525Q0003
About this file
This document is a Request for Quotes (RFQ) for commercial air services to deploy research buoys on sea ice off the coast of northern Alaska. The U.S. Army Corps of Engineers' Cold Regions Research and Engineering Laboratory (CRREL) requires an aircraft, pilot, and crew to land on unimproved sea ice up to 300 nautical miles offshore and deploy twenty-five research buoys, with on-site time varying from 15 minutes to 4 hours per deployment. The aircraft must be capable of short field landings, accommodate up to 450 pounds of equipment, and have specific communications and survival gear. The pilot and crew must be physically capable of the work and have prior experience in extreme cold and landing on Arctic sea ice. Quotes are due by 12:00 PM CST on November 21, 2024, and award will be made to the offeror whose proposal represents the best value to the government, considering technical capability, relevant experience, delivery schedule, and total price. Payment terms are Net 30 days.
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SEE ADDENDUM
(No Collect Calls)
W913E525Q0003 08-Nov-2024
b. TELEPHONE NUMBER
217-373-3450
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 21 Nov 2024
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.
W913E59. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LATOSHA N RODGERS
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
W81EWF42908745
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 BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ERDC CONTRACTING OFFICE
HANOVER OFFICE
72 LYME ROAD
HANOVER NH 03755-1290
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 W14GQK 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
PR W2R2 COLD RGNS RSCH ENG LAB
CHRISTOPHER POLASHENSKI
USA CRREL - AKRO
BUILDING 4070, 9TH STREET
FT. WAINWRIGHT AK 99703
TEL: 570-956-6990 FAX:
(217) 373-6773FAX:
TEL: (217) 373-7297 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$25,000,000
NAICS:
481219
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
X EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF30
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.
W913E525Q0003
Section A - Solicitation/Contract Form
POINTS OF CONTACT (POC)
NOTE: Only a warranted Contracting Officer (KO), acting within his/her delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.
CONTRACTOR POC:
Name: To be determined at time of award Phone Number:
Email:
GOVERNMENT TECHNICAL POC (TPOC):
CONTRACTING OFFICER REPRESENTATIVE (COR):
CONTRACT SPECIALIST (CS):
Name: Latosha Rodgers Phone Number: (217) 373-3450 Email: Latosha.N.Rodgers@usace.army.mil
CONTRACTING OFFICER (KO):
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Air Services - Sea Ice Buoy Deployments
FFP
The Contractor shall provide all labor, equipment, and materials to complete in their entirety the tasks outlined in Section C, Performance Work Statement (PWS).
FOB: Destination
MILSTRIP: W81EWF42908745
MFR PART NR: Air Services - Sea Ice Buoy Depployments
PURCHASE REQUEST NUMBER: W81EWF42908745
PSC CD: V121
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE WORK STAEMENT
Aircraft Services to Deploy Sensors on Sea Ice, Northern Alaska
1.0 INTRODUCTION
The Cold Regions Research and Engineering Laboratory (CRREL) requires the services of an aircraft in March 2025 to support sea ice research on floating sea ice located offshore from Northern Alaska. The aircraft shall land on unimproved drifting sea ice located up to 300 nm (nautical miles) from base locations in Prudhoe Bay, Utqiagvik, and Kaktovik, AK to deploy research buoys provided by CRREL. Unimproved landing sites are typically refrozen leads with little snow and ice over 80cm thick. On-ice time can vary from 15 minutes to 4 hours to deploy the buoy and collect necessary site data.
2.0 MISSION OVERVIEW
CRREL has a requirement to deploy twenty-five (25) research buoys on floating sea ice located off the coast of northern Alaska including 23 “small” and 2 “large” buoys detailed below. Exact coordinates of sea ice targets shall be provided by CRREL after award and at mission time, considering active ice conditions. Notionally these are anticipated to be distributed approximately in a rectangular grid pattern in an area between 10 and 200 nm from the Alaska Beaufort Sea shoreline and between the longitude of 143W and 156W.
2.1 Requisite Capabilities
To accomplish this mission, the vendor shall operate out of base locations in Prudhoe Bay, Utqiagvik, and Kaktovik, AK in an aircraft capable of short field landings on un-improved sea ice at a radius of up to 300nm from each base location. Short field landing capability is defined as 1200 ft or less takeoff and landing over a 50 ft object at maximum gross weight as listed in the aircraft POH.
2.1.1 Aircraft: Based on experience, aircraft that have been successful executing similar missions in the past are wheel-ski-equipped aircraft including, for example, the DHC2- Beaver, DHC3-Otter, and DHC6-Twin Otters. Vendor quotes must explain the exact kind of aircraft and landing gear that will be used in execution of this work.
Additionally, the aircraft shall be able to accommodate up to 450 pounds of payload comprised of scientific equipment including ten (10) small buoys at a time (each measuring 2ft x 1ft x 2ft and weighing 30 pounds) or two (2) large buoys at a time (each measuring 8ft x 1ft x 2ft and weighing 90 pounds) and additional scientific equipment not to exceed 40 cubic ft. In addition to the payload, the aircraft shall be able to carry sufficient fuel load (possibly including auxiliary tanks) for deployment to the maximum range (300 nm), including 15 minutes of circling, and return with a safety margin of 1 hour of flight time or more.
Aircraft shall also be equipped with a radar altimeter, a satellite phone hard-wired into the radio and another portable satellite phone, and winter survival gear for the persons onboard.
The pilot must have communication equipment onboard to communicate with CRREL staff on-land to confirm the buoy is operational prior to departure. In their quote, the offeror shall also provide their safety check-in procedure that includes flight tracking and two-way communications with a base before and after every phase of flight operations.
The government evaluation panel has extensive experience working in this area and will review quotes to ensure these attributes are fulfilled. The government must feel confident that the proposed airplane, landing gear, and other attributes are practical for this mission.
Quotes failing to confidently meet these requirements shall be excluded from consideration.
2.1.2 Pilot: The pilot and crew shall be physically capable of lifting and maneuvering all the aforementioned scientific equipment in cold conditions. The pilot shall also be responsible for receiving training from CRREL in the process required to deploy the buoys on the sea ice, which includes drilling through the ice, assembling the buoy, installing it, collecting ancillary measurements, and communicating with CRREL staff on-land to confirm buoys are functional prior to departure from the sea ice. Site data shall also be collected for each buoy deployment location (see Section 2.2 for details).
The vendor shall include material in their quote packages demonstrating prior experience and competency in the nature of this mission, including both operating aviation in extreme cold temperatures (down to negative 45F) and landing on Arctic sea ice off the coast of Alaska. Materials demonstrating these experience requirements apply to both the pilot operating the mission and the company overall (i.e., both the pilot and the company must have prior experience). CRREL will evaluate this material as part of the selection process to ensure confidence in the vendor’s bid, and CRREL may ask clarifying questions during the quote selection process based on material provided. Quotes failing to confidently demonstrate this experience shall be excluded from consideration.
2.2 Mission Scope
The mission requires deploying instruments and collecting observations during landings on the sea ice at locations up to 300 nm from the base sites.
2.2.1 Landing Sites: Are selected in a general 10 x 10 nm target areas provided by CRREL based on satellite observations of sea ice locations prior to each flight. The exact landing location is determined by circling over the area for suitable landing ice, typically a refrozen lead with little snow and ice over 80 cm thick. The landing site must be adjacent to ice that is of typical character for the area: “typical ice” generally has deeper snow and between 1.25m and 2.25m thick into which the buoy will be deployed, either by walking from the landing site or taxiing the aircraft.
2.2.2 Onsite Ice Work: Once a suitable site is found and landing is complete, the aircraft remains on the ice until deployment is completed and verified. On-ice time can vary from 15 minutes to 4 hours and the pilot needs to be prepared to keep the aircraft engine warm as needed during this time. Required on ice activities include, but are not limited to, drilling holes in the ice to deploy the ice buoy, measuring snow and ice properties, and conducting surveys/sampling activities up to 300m away from the plane. The activities require 3 buoy boxes that measure 8ft x 1ft x 2ft and weigh 90lb each as well as approximately 180 pounds of other scientific equipment, that includes 3ft long drilling strings, augers, and various equipment in pelican cases up to 30in x 25in x 10in. The total size of the non-buoy load does not exceed 40 cubic ft. Depending up on the configuration of available landing and deployment sites it may be necessary for the pilot / crew to haul this equipment hundreds of meters once on the surface.
There are two different types of buoys in this scope of work, referred to here as simply “large” and “small” buoys. The large buoys are spar-type buoys that require a 10 inch diameter hole drilled through the ice for deployment, weigh 90 pounds, and require some assembly on the ice. Typical deployment time is 1-4 hours. “Small” buoys rest on the surface of the ice with a single sensor deployed in a 2.5 inch diameter hole and frozen in.
“Small” buoy deployment is considerably faster and can be accomplished in as little as 15 minutes onsite.
2.2.3 Site Data: Shall also be collected for each buoy deployment including: a photo of the buoy showing installation according to training provided by CRREL (one photo each from the ground and the air); a measurement of the ice thickness obtained using a 2 inch auger mounted on a cordless drill provided by CRREL; freeboard (amount the ice surface protrudes above sea level in the bore hole); snow depth at the location of the install; and a 200m transect of snow depth measurements taken every 2.5m with an automated snow depth probe that will be provided by CRREL. Based on CRREL experience, Site Data collection work typically takes 30 minutes or less.
2.3 Estimated Mission Schedule
The following is provided based on past experience executing this work. The overall mission likely requires ~5 successful mission days in each of the three locations, for a total of 15 fully successful flight days with approximately 7 hours flight time each. This totals 105 flight hours, plus ferry hours between sites, plus ferry hours to the first site (Utqiagvik) and home from the last site (Kaktovik). This is an estimate only and the contractor may require more or less hours to accomplish the mission. Past experience has shown that successfully accomplishing these mission days can often require aircraft availability for between 2 and 3 times as many days as actual flight operations occur on. Therefore, this mission could easily require aircraft availability for 15 days in each location (45 days total). As conditions permit, it is the science team’s preference that the vendor be flexible to move to the next location as soon as mission is achieved at each site, so that early completion at one site can provide additional opportunity for completion at the next.
2.4 Quote Requirements
Quotes shall be presented assuming a firm fixed price award where the contractor shall cover the necessary price to achieve all the tasks in Section 4. Quotes shall assume that the CRREL team will travel to each deployment base location (on their own) and CRREL will ship all buoys to each of the deployment base locations to provide to the contractor.
Quotes shall address how the contractor satisfies the Requisite Capabilities outlined in Section 2.1.
Prices for each of the tasks in Section 4 shall be separately listed in the offeror’s quote:
Task 1: Planning and Coordination Meeting (price for the entire Task) Task 2: Complete CRREL’s Buoy Deployment Training (price for the entire Task) Task 3: Contractor Deploys Buoys.
o [Deliverable A001] Deploy 2 Large Buoys (price per buoy deployment) o [Deliverable A002] Deploy 23 Small Buoys (price per buoy deployment)
3.0 GENERAL REQUIREMENTS
3.1 Non-Personal Services
The Government shall neither supervise the Contractor employees nor control the means or methods by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (KO) immediately.
3.2 Business Relations
The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timeliness, completeness, and quality of the deliverables.
3.3 Contract Administration and Management
The following subsections specify requirements for contract, management, and personnel administration:
3.3.1 Contract Management. The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement.
3.3.2 Contract Administration. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall have the responsibility for supervising the support required and provide a POC for the Government to notify in case of emergency, proposed additions to the scope of work, and Government complaints about the performance of the work. Furthermore, the Contractor will keep the COR up to date regarding all Contractor personnel requiring access to
CRREL; the COR will coordinate with Security to ensure the appropriate names are on the Visitor’s Request list.
3.3.3 Personnel Administration. The Contractor shall provide the following management and support as required. The Contractor shall provide for employees during designated Government non-workdays or other periods where Government offices are closed due to weather or security conditions. The Contractor shall provide administrative support to its employees in a timely fashion (time keeping, leave processing, pay, emergency needs).
3.4 Subcontract Management
This work shall not be subcontracted.
3.5 Contractor Personnel, Disciplines, and Specialties
The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. All applicable work will conform to applicable federal, state, and local rules and regulations, such as proper operator licensing and certifications. The Contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall ensure the labor categories, labor rates, and man-hours utilized in the performance of this PWS will be the minimum necessary to accomplish the required outcome. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.
Adherence to federal, state, industry, professional, or other applicable flight safety protocols or guiding regulations is exclusively and fully the sole responsibility of the pilot and vendor company.
3.6 Period and Place of Performance
This contract shall have period of performance (POP) starting upon award and extending to 30 April 2025 to allow for contract closeout activities. Deployments of buoys on the ice are required to begin 01 March 2025, or as soon thereafter as weather permits and continue as quickly as safely possible until completed. It is important to the success of the program that the deployment be accomplished in a short time and unnecessary delays must be avoided.
The places of performance shall be in the broad vicinity of in Prudhoe Bay, Utqiagvik, and Kaktovik, Alaska, to include base operations in aforementioned towns and execution of buoy deployments on sea ice up to 300nm from each town.
3.7 Travel / Temporary Duty (TDY)
Travel is anticipated to the locations described in the PWS for the execution of this work. Travel logistics are the full responsibility of the Contractor.
4.0 SUMMARY OF TASKS AND REQUIREMENTS
The following section specifies the Performance Objectives and Performance Elements for the contract.
4.1 Tasks and Performance Requirement Summary (PRS). The Contractor shall perform the following tasks according to the standards provided.
Task 1: Planning and Coordination Meeting. After award, CRREL and the vendor shall hold a meeting to discuss the following:
a) Logistics: discuss process, coordination of logistics, locations, etc.
b) Communications plan: establish communications plan, primary and secondary for sea ice
c) Schedule training for deployment of buoys.
d) Anticipated schedule in March (exact dates to be determined)
Performance Standard. Contractor shall attend the planning and coordination meeting, provide feedback to address items above, and develop plan with CRREL for deployment work.
Surveillance & Inspection:
How: 100% inspection Who: The COR will determine the final assessment of performance, with input from the others to include the TPOC(s) and other stakeholders as appropriate.
Incentive: The work will be re-performed, at no cost to the Government, until the final product fulfills the standard outlined in this PRS.
Inspection: Inspection applies to all standards.
Task 2: Complete CRREL’s Buoy Deployment Training. CRREL shall train the pilot/crew to deploy the buoys, collect site data, trouble shoot, and experiment with planned pilot-to-CRREL communications.
Performance Standard. Contractor shall attend training in Fairbanks, AK and demonstrate ability to operate and deploy the buoy, troubleshoot, and communicate with CRREL, as well as take ancillary measurements of snow and ice thickness in accordance with this PWS.
Surveillance & Inspection:
How: 100% inspection Who: The COR will determine the final assessment of performance, with input from the others to include the TPOC(s) and other stakeholders as appropriate.
Incentive: The work will be re-performed, at no cost to the Government, until the
Task 3: Contractor Deploys Buoys. The Contractor shall deploy the large and small buoys and collect site datasets at each site in accordance with the standards outlined in this PWS.
[Deliverable A001] Deploy 2 Large Buoys: Deploy 2 large operational buoys at specified locations up to 300nm offshore from Prudhoe Bay, Utqiagvik, and/or Kaktovik Alaska (specific locations to be determined pending sea ice conditions in March) and provide all required “Site Data” at each location of deployed operational buoys. The contractor shall provide a “per buoy” price wherein invoicing for these deliverables shall be via one CLIN paid by “eaches” for every successful large operational buoy deployed and associated buoy site dataset provided.
[Deliverable A002] Deploy 23 Small Buoys: Deploy 23 large operational buoys at specified locations up to 300nm offshore from Prudhoe Bay, Utqiagvik, and/or Kaktovik Alaska (specific locations to be determined pending sea ice conditions in March) and provide all required “Site Data” at each location of deployed operational buoys. The contractor shall provide a “per buoy” price wherein invoicing for these deliverables shall be via one CLIN paid by “eaches” for every successful large operational buoy deployed and associated buoy site dataset provided.
Performance Standard. For each location, the buoy deployment is considered successful once CRREL confirms communications with the buoy, the pilot returns imagery of the buoy deployed in sea ice of suitable thickness, and site dataset for each buoy is provided to CRREL.
Surveillance & Inspection:
How: 100% inspection Who: The COR will determine the final assessment of performance, with input from the others to include the TPOC(s) and other stakeholders as appropriate.
Incentive: The work will be re-performed, at no price to the Government, until the
4.2 Deliverables. The following deliverables shall be provided to the government for inspection and acceptance in accordance with the standards of the PWS.
Table 4.2 Deliverables
ID Description Quantity UOM Due
A001 Deploy 2 Large Buoys - Deploy large operational buoys IAW tasks and standards of this PWS
2 Each March 2025
A002 Deploy 23 Small Buoys - Deploy small operational buoys IAW tasks and standards of this PWS
23 Each March 2025
*UOM = unit of measure; payment for work completed shall be invoiced and disbursed for each successful buoy deployed in accordance with (IAW) the specifications in this PWS.
4.3 Performance Monitoring by the Government. The Contractor’s performance and adherence to the standards of Section 3.1 shall be monitored by a Contracting Officer’s Representative and a Technical Point of Contact.
Contracting Officer’s Representative (COR). The identification of duties and limitations of the COR are specified in the COR appointment letter, which will be provided to the contractor at or shortly after the time of award. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract. Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
Contracting Officer’s Representative
(COR)
John.W.Weatherly@usace.army.mil 603-646-4741
Technical Point of Contact (TPOC). TPOCs offer technical backgrounds as subject matter experts (SMEs) in areas relevant to the contract. TPOCs provide value added technical feedback to the vendor and contractor performance feedback to the COR. TPOCs may coordinate with the contractor to consult, assist with access to necessary government data, hardware, or supplies, review progress reports, review deliverables, and act as the government sponsor where engagement with other government entities is required (e.g., site access, product transition).
Technical Point of Contact (TPOC) Christopher.M.Polashenski@usace.army.mil 570-956-6990
5.0 SPECIAL REQUIREMENTS
This section describes the special requirements and considerations for this effort.
5.1 Government Furnished Support
Government Furnished Equipment: No government equipment or property shall be issued to the Contractor during this contract. At the beginning of each sea ice deployment flight mission, CRREL will provide the contractor the necessary sea ice buoys and tools to deploy the buoys. The Contractor is only transporting the buoys to the deployment sites, not taking ownership of the items. Additionally, the buoy is considered expendable as it is anticipated to be “lost at sea” after sea ice breakup.
Other Government Support: CRREL shall provide the training and location of buoy deployments as specified under this PWS.
Government-owned computers or IT equipment: no access required.
Access to ERDC IT Systems: no access required.
CAC Cards: not required.
Access to Government Installations: no access required.
Access to Government Information or Data: no access required.
5.2 Security and Safety (ATOPSEC Clauses)
5.2.1 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.
6.0 RELATED DOCUMENTS
The following documents are related to this project. N/A
7.0 CONTROLLED UNCLASSIFIED INFORMATION (CUI). Regarding DFARS clauses 252.204-7012 and 252.204-7020, there is no CUI data involved in this contract effort.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 15-NOV-2024 TO
30-APR-2025
N/A PR W2R2 COLD RGNS RSCH ENG LAB
CHRISTOPHER POLASHENSKI
USA CRREL - AKRO
BUILDING 4070, 9TH STREET
FT. WAINWRIGHT AK 99703
570-956-6990 FOB: Destination
W14GQK
52.247-34 F.O.B. Destination JAN 1991
Section G - Contract Administration Data
INVOICING INSTRUCTIONS
A proper invoice must include the following items:
Name and address of the contractor (must match SAM registration information) Invoice date and invoice number Contract number (ex., W913E524P0001) Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms)
Submit invoice via email to:
CEFC-Payments@usace.army.mil
To avoid delay in payment, include in the email CC line, the following:
Primary Invoice Receiver: TBD at time of award Backup Invoice Receiver: TBD at time of award Technical Point of Contact: TBD at time of award Contracting Officer’s Representative: TBD at time of award
If more than one invoice is required, the Contractor’s final invoice shall be submitted within 45 days after the final period of performance date specified in the contract. The invoice must be clearly marked “final” and submitted as outlined above.
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
Section I - Contract Clauses
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-10 Waste Reduction Program MAY 2024 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging
While Driving
MAY 2024
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.253-1 Computer Generated Forms JAN 1991 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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of
Payments Program (FEB 2024) Alternate I
FEB 2024
252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)
AUG 2024
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (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).
___ (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).
___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.
115-390, title II).
___ (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).
___ (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).
____ (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.
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.
____ (22) (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.
____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (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)).
____ (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)).
____ (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).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
X (36)(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.
____ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (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).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (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.).
____ (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.
X (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.
____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.
13513).
____ (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).
____ (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).
_____ (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).
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).
(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.
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