Chemical Water Treatment for Geophysical Fluid Dynamics Laboratory (GFDL) Office of Oceanic & Atmospheric Research located in Princeton, NJ 08540
COMBINED SYNOPSIS/SOLICITATION Chemical Water Treatment for Geophysical Fluid Dynamics Laboratory (GFDL) Office of Oceanic & Atmospheric Research located in Princeton, NJ 08540 (I) This is a combined ... COMBINED SYNOPSIS/SOLICITATION Chemical Water Treatment for Geophysical Fluid Dynamics Laboratory (GFDL) Office of Oceanic & Atmospheric Research located in Princeton, NJ 08540 (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M322QNRMA0024DR. . (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04 (JAN 2022) (Deviation 2021-06) (SEP 2021). (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 238220, and the business size standard is $16.5M. (V) This combined synopsis/solicitation is for water treatment maintenance services. (VI) Description of requirements is as follows: See the incorporated Statement of Work, which applies to this procurement and is attached to the SF18 form. The statement of work will apply to the base year and all option years. Line Item 0001 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform monthly Chemical Water Treatment, in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2022 - 09/16/2023) WAGE RATES INCORPORATED: THE WAGE RATES WD 2015-4201, REVISION 19, DATED 03/15/2022 ARE INCORPORATED AND MAY BE VIEWED AT WWW.SAM.GOV. Line Item 0002 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform Annual Legionella Testing in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2022 - 09/16/2023) Line Item 1001 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform monthly Chemical Water Treatment, in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2023 - 09/16/2024) Line Item 1002 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform Annual Legionella Testing in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2023 - 09/16/2024) Line Item 2001 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform monthly Chemical Water Treatment, in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2024 - 09/16/2025) Line Item 2002 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform Annual Legionella Testing in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2024 - 09/16/2025) Line Item 3001 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform monthly Chemical Water Treatment, in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2025 - 09/16/2026) Line Item 3002 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform Annual Legionella Testing in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2025 - 09/16/2026) Line Item 4001 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform monthly Chemical Water Treatment, in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2026 - 09/16/2027) Line Item 4002 – Base Year - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary to perform Annual Legionella Testing in accordance with the statement of work, which is attached the Request for Quote form SF18. The period of performance is 12 months (09/17/2026 - 09/16/2027) VENDOR UNIQUE ENTITY ID FROM SAM.GOV ___________________ CAGE CODE ___________ THE GOVERNMENT INTENDS TO AWARD A LOWEST PRICED TECHNICALLY ACCEPTABLE FIRM-FIXED-PRICE PURCHASE ORDER RESULTING FROM THIS SOLICITATION. PROVIDE DOCUMENTATION DEMONSTRATING TECHNICAL CAPABILITY IN ACCORDANCE WITH THE STATEMENT OF WORK (SOW). A QUOTE CANNOT BE ACCEPTED FROM YOUR COMPANY IF YOU ARE NOT REGISTERED AND ACTIVE IN THE FOLLOWING WEBSITE: https://www.sam.gov/ QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT ACTIVE IN SAM WILL NOT BE CONSIDERED. (VII) THE PERIOD OF PERFORMANCE SHALL BE AS FOLLOWS: Period of Performance: Base Year – 09/17/2022 through 09/16/2023 Option Year 1 – 09/17/2023 through 09/16/2024 Option Year 2 – 09/17/2024 through 09/16/2025 Option Year 3 – 09/17/2025 through 09/16/2026 Option Year 4 – 09/17/2026 through 09/16/2027 (VIII) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), applies to this acquisition and is in full text in the RFQ SF18 form. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. Enter specific instructions below 1. Submit quotations to the office specified in this solicitation at or before the time specified in this solicitation. Email quotes to Diana.romero@noaa.gov. 2. Contractor shall have an active registration in the System for Award Management (SAM) found at www.SAM.gov in order to provide a quote and be eligible for award. 3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. “THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT”. CAR 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to diana.romero@noaa.gov. Questions should be received no later than 6 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Technical Capability 2) Past Performance - Quotes shall include at least two current relevant references to the Offeror’s performance to provide the service being solicited. References shall include the company name and contact person’s name, phone number, and email. The Government will use its discretion to determine the sources of past performance information are 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, and will be based on responsiveness, quality, and customer services. This will be a PASS/FAIL. 3) Price The government intends to award a best value/trade off, firm fixed-price purchase order on an all or none basis with payment terms of Net 30. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION 2020-11) (AUG 2020), applies to this acquisition and is in full text in the RFQ SF18 form. (XI) The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION 2017-02) (AUG 2017), applies to this acquisition and is in full text in the RFQ SF18. (XII) The clause at FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) (DEVIATION 2021-06) (SEPT 2021) (DEVIATION 2020-11) (AUG 2020) (DEVIATION 2020-05) (APR 2020) (DEVIATION 2017-05)(SEPT 2017), 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 Products and Commercial Services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Nov 2021), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2020) (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 and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (41 U.S.C. 4712) relating to whistleblower protections) (Deviation 2017-05)(Sept 2017). X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (11) [Reserved]. __ (12)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a). __ (13)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021 (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-4. __ (14) [Reserved] X (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-7. __ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (18)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. __ (v) Alternate IV (Sep 2021) of 52.219-9. X (19)(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. __ (20) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)). (Deviation 2021-06) (Sept 2021) __ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657 f). X (23) 52.219-28, (i) Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. __ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)). X (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)). __ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126). (Deviation 2020-11) (Aug 2020) X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (31) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (32) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212). X (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). __ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (36)(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). __ (37) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial Products and Commercial Services as prescribed in 22.1803.) __ (38)(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.) __ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (41)(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. __ (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). __ (44)(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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (49) 52.225-1, Buy American—Supplies (Nov 2021) (41 U.S.C. chapter 83). __ (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (Nov 2021) (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),] 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). (Deviation 2020-11) (Aug 2020) __ (ii) Alternate II (May 2014) of 52.225-3. (Deviation 2020-11) (Aug 2020) __ (iii) Alternate III (May 2014) of 52.225-3. __ (51) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (DEVIATION 2020-11) (AUG 2020) X (52) 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). __ (53) 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). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (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. 2307(f)). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (31 U.S.C. 3903 and 10 U.S.C. 2307). (Deviation 2020-05) (April 2020) __ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)). __ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) 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 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). This Statement is for Information Only; It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Maintenance, Worker (HVAC) (WL 12) $27.15 per hour plus 30% 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 Under Executive Order 14026 (Jan 2022). 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, 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 (Nov 2021) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 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. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (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) The following provisions and clauses are also applicable to this acquisition: FEDERAL ACQUISITION REGULATION (FAR) FOR FULL TEXT GO TO https://www.acquisition.gov/browse/index/far FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far (End of provision) 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 address: https://www.acquisition.gov/far/index.html (End of Clause) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) (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 Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of Clause) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.2...
Data sourced from SAM.gov.
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