Inactive Total Small Business Set-Aside (FAR 19.5)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and in accordance with simplified acquisition procedures authorized in FAR... (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and in accordance with simplified acquisition procedures authorized in FAR Part 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a request for proposal (RFP) and has been assigned Solicitation Number 1305M321RNFFR0006. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2021-03 effective February 16, 2021. (iv) This solicitation is being issued as a Total Small Business Set-Aside. The NAICS code for this requirement is 238220 and the small-business size standard is $16.5 million. The Product Service Code is Z1JZ. (v) This combined synopsis/solicitation is for the purchase of the following commercial items: ??Line Item Number Description Qty Unit Price 0001 McQuay Indoor Air Handling Unit repair and retrofit 1 JB 0002 Air Handler Unit AHU-1 Fan Repairs (Optional Item 1) 1 JB 0003 Air Handler Unit AHU-5 Fan Repairs (Optional Item 2) 1 JB (vi) The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) is seeking sources capable of providing repair and retrofit of five previously installed McQuay Indoor Air Handling units including all labor, materials, equipment, and supplies. See Reference Attachment 2 – Statement of Work and Attachment 3 - Technical specifications. (vii) The period of performance is 120 days after award. The place of performance is: NOAA/NMFS Southwest Fisheries Science Center 8901 La Jolla Shores Drive La Jolla, CA 92037-1509 PLEASE NOTE SITE VISIT INFORMATION 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995). (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Site visits may be arranged during normal duty hours on March 30, 2021. Please contact the Facility Manager below: Name: Matthew D. Vogel, PE, LEED AP Facility Manager NOAA - Southwest Fisheries Science Center 8901 La Jolla Shores Drive La Jolla, CA 92037 Tel: 858-334-2880 Cell: 858-886-6553 (End of Provision) (viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020) applies to this acquisition. ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2020) Proposals are expected to conform to solicitation provisions and be prepared in accordance with the solicitation instructions. The proposal shall be clearly written and logically presented. At a minimum, technical approach shall include the following elements: Key personnel proposed roles as they relate to the Statement of Work with documentation of most current applicable technical certifications. A description of previous work with the U.S. government including contract number, agency name, and contract dollar value. A description of previous work on Air Handling Units include manufacturer name and model type. A proposed work schedule that is consistent with the scheduling described in 1305M321RNFFR0006 Attachment 2 - Statement of Work. Past performance: Offerors shall provide past performance questionnaires (Attachment 1) to no less than three references for relevant work conducted within the past five years. In their proposal submission, the offeror shall provide a list of references with contact information so that the Contract Specialist is aware of past performance evaluation questionnaires released. References should be for recent contracts similar in scope, in whole or in part, to the SOW. Once completed, references shall provide responses directly to the Contract Specialist by email to mona.m.ash@noaa.gov. In order for past performance questionnaires to be considered, they must be received by the solicitation closing date. Past performance questionnaires received directly from the offeror will not be considered. Price Proposal The price proposal shall include details for all resources required to accomplish the requirements, e.g., estimated labor hours and rates, and other applicable costs. The price proposal shall include the completed pricing schedule in (v) of this solicitation. The proposal shall be consistent with the technical approach specified in the SOW (Attachment 2). (ix) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) ADDENDUM TO FAR 52.212-2 EVALUATION-COMMERCIAL ITEM (OCT 2014) CAR 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010) The Government will issue firm-fixed price contract resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The non-price factors are equal to the price factor. The following factors will be used to evaluate quotations: Factor 1 – Technical Approach: The Government will evaluate the offeror’s understanding of the requirements and likelihood of successful contract performance. The offeror’s demonstrated capabilities and relevant experience to perform all aspects of the Statement of Work (SOW) as well as the schedule to perform the work detailed in the SOW. Factor 2 – Past Performance: The offeror´s past performance on recent contracts similar in scope, in whole or in part, to the Performance Work Statement herein, will be evaluated to determine the relevance as compared to the requirements stated within this solicitation. The relevance of an offeror’s past performance will be measured based on the similarity of support services, complexity of the work, dollar value, and contract type. More relevant past performance will have more influence on the past performance assessment than past performance of lesser relevance. Information must address relevant and recent performance for both Government and non-Government contracts, subcontracts, and grants for both the prime contractor and any major subcontractor(s) proposed. Firms with a history of poor performance will receive a low rating on the "Past Performance" evaluation factor. Firms with a strong history of reliable performance will receive a higher rating. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases. If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating. Factor 3 - Price Evaluation. The proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete, and reasonable in relation to the solicitation requirements. Proposed prices must be entirely compatible with the technical proposal. (x) The offeror must submit a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (FEB 2021) with its offer. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. (xi) FAR 52.212-4, CONTRACT TERMS CONDITIONS - COMMERCIAL ITEMS (DEVIATION 2017-02) (OCT 2018) applies to this acquisition: ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEVIATION) (2017-02)(OCT 2018) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ? This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): ? FAR: https://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfcara.htm CAR: http://farsite.hill.af.mil/vfcara.htm FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMEN (OCT 2018) FAR 204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 52.204-18 COMMERCIAL AND GOVRNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018) FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014) FAR 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018) FAR 52.222-9 APPRENTICES AND TRAINEES (JUL 2005) FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) FAR 52.222-15 CERTIFICATE OF ELIGIBILITY (MAY 2014) FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015) FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (ALT I) (AUG 2003) FAR 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACT (DEC 2007) FAR 52.228-5 INSURANCE – WORK ON GOVERNMENT INSTALLATION (JAN 1997) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2010) FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) FAR 52.232-39 UNENFORCEABLEILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTOR (DEC 2013) FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) FAR 52.236-6 SUPERINTENDANCE BY THE CONTRACTOR (APR 1984) FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) FAR 52.236-8 OTHER CONTRACTS (APR 1984) FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) FAR 52.236-12 CLEANING UP (APR 1984) FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991) FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) FAR 52.242-14 SUSPENSION OF WORK (APR 1984) FAR 52.242-13 BANKRUPTCY (JUL 1995) FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2018) FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010) CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) CAR 1352.228-70 INSURANCE COVERAGE (APR 2010) CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE-FIXED PRICE (APR 2010) (xii) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTE ORDERS – COMMERCIAL ITEMS (JAN 2021) (DEVIATION 2017-02 (AUG 2017), (DEVIATION 2020-05 (MAR 2020), (DEVIATION 2020-11 (AUG 2020)), applies to this acquisition: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31?U.S.C.?3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (?19?U.S.C.?3805?note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41?U.S.C.?4704?and?10?U.S.C.?2402). _X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41?U.S.C.?3509)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (?31?U.S.C.?6101?note). ___ (5) [Reserved]. ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31?U.S.C.?6101?note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41?U.S.C.?2313). ___ (10) [Reserved]. ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15?U.S.C.?657a). ___ (ii) Alternate I (Mar 2020) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15?U.S.C.?657a). ___ (ii) Alternate I (Mar 2020) of 52.219-4. ___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15?U.S.C.?644). ___ (ii) Alternate I (Mar 2020) of 52.219-6. ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15?U.S.C.?644). ___ (ii) Alternate I (Mar 2020) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15?U.S.C.?637(d)(2) and (3)). ___ (17) (i)?52.219-9, Small Business Subcontracting Plan?(Jun 2020)?(15?U.S.C.?637(d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Jun 2020) of 52.219-9. ___ (v) Alternate IV (Jun 2020) of 52.219-9. ___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15?U.S.C.?644(r)). ___ (ii) Alternate I (Mar 2020) of 52.219-13. ___ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15?U.S.C.?637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15?U.S.C.?637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15?U.S.C.?657f). _X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15?U.S.C.?632(a)(2)). ___ (ii) Alternate I (MAR 2020) of 52.219-28. ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15?U.S.C.?637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15?U.S.C.?637(m)). ___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15?U.S.C.?644(r)). ___ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38?U.S.C.?4212). ___ (ii) Alternate I (Jul 2014) of 52.222-35. _X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29?U.S.C.?793). ___ (ii) Alternate I (Jul 2014) of 52.222-36. _X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38?U.S.C.?4212). _X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22?U.S.C.?chapter?78?and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50 (22?U.S.C.?chapter?78?and E.O. 13627). _X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (?42?U.S.C.?6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42?U.S.C.?6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42?U.S.C.?8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). ___ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. _X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41?U.S.C.?chapter?83). ___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41?U.S.C.chapter83,?19?U.S.C.?3301?note,?19?U.S.C.?2112?note,?19?U.S.C.?3805?note,?19?U.S.C.?4001?note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (50) 52.225-5, Trade Agreements (Oct 2019) (19?U.S.C.?2501,?et seq.,?19?U.S.C.?3301?note). ___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (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. 2302Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42?U.S.C.?5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42?U.S.C.?5150). ___ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). ___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41?U.S.C.?4505,?10?U.S.C.?2307(f)). ___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41?U.S.C.?4505,?10?U.S.C.?2307(f)). _X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31?U.S.C.?3332). ___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31?U.S.C.?3332). _X_ (60) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATIONS APR 2020)?(31?U.S.C.?3903 and 10 U.S.C.552a)]. ___ (61) 52.239-1, Privacy or Security Safeguards?(Aug 1996)?(5?U.S.C.?552a). ___ (62) 52.242-5, Payments to Small Business Subcontractors?(Jan 2017)?(15?U.S.C.?637(d)(13)). ___ (63) (i)?52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels?(Feb 2006)?(46?U.S.C.?Appx.?1241(b)?and?10?U.S.C.?2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. ___ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41?U.S.C.?chapter67). ___ (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) (?29U.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 Under Executive Order 13658 (Nov 2020). _X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42?U.S.C.?1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart?4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41?U.S.C.?3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15?U.S.C.?637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38?U.S.C.?4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29?U.S.C.?793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38?U.S.C.?4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41?U.S.C.?chapter?67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22?U.S.C.?chapter?78?and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22?U.S.C.?chapter?78?and?E.O.?13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41?U.S.C.?chapter?67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41?U.S.C.?chapter?67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5?U.S.C.?552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;?10?U.S.C.?2302?Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42?U.S.C.?1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46?U.S.C.?Appx.?1241(b)?and?10?U.S.C.?2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) (xiii) Additional contract requirements or terms and conditions: Department of Labor Wage Determination 2015-5635 is applicable to this acquisition (Attachment 5) FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time within the ordering period specified in the schedule. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. ? (b) The use in this solicitation or contract of any Department of Commerce Procurement Memoranda. (48 CFR Chapter 1452) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. ? (End of Clause) ? ? ? CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) [TO BE ASSIGNED AT AWARD BY SEPARATE LETTER] is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: [TO BE ASSIGNED AT AWARD BY SEPARATE LETTER] ? (b) The responsibilities and limitations of the COR are as follows: ? (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. ? (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the...