Inactive

Combined Synopsis and Solicitation PANDTA-23-P-0000 009911 I. INTRODUCTION A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as s... Combined Synopsis and Solicitation PANDTA-23-P-0000 009911 I. INTRODUCTION A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. B. The combined synopsis and Request for Quotation (RFQ) number is: PANDTA-23-P-0000 009911 C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06, (01 May 2023). D. Small Business Set-Aside: No E. Posting Date: 15 August 2023 F. Response Date: 23 August 2023 G. Contracting Office: Army Contracting Command - DETROIT ARSENAL (ACC-DTA) 6501 E. Eleven Mile, Warren, MI 48397. Contract Specialist: Marques Simmons, email: marques.j.simmons.civ@army.mil. H. The NAICS code applicable to this acquisition is 333924. Offeror must be certified under this NAICS code prior to receiving an award. I. All Clauses and provisions of the SAM contract applies to this acquisition. J. This Combined Synopsis Solicitation contains clauses and provisions requiring a fill-in or representation. Offeror shall submit a copy of this Combined Synopsis Solicitation with their quote and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award. K. Basis for award- The proposed contract action is for supplies for which the Government intends to solicit and negotiate with SAM vendors. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. The Government will award a contract to the offeror’s proposal based on Order of Importance. Order of Importance is as followed:. Price is more important than technical. Technical is more important than Delivery (Price>Technical> Delivery). II. GENERAL REQUIREMENT A.1 The Contractor shall deliver a single (1) 5,000 lb. capacity 36 volt, 4-Wheel sit down counterbalanced, non-marring cushion tire forklift to the SEC located in Warren, MI. The unit provided under this procurement shall meet the technical requirement listed below. A.2 Specifications and Performance Requirements: At a minimum, the Contractor shall furnish one (1) new 4-Wheel, AC Electric, Sit-Down Counterbalanced Forklift Truck with a minimum capacity of 5,000 lb. that meets or exceeds the following specifications and minimum performance requirements: • MAST: 3-Stage (FSV) Mast with Full Free Lift. • Maximum Fork Height – 189” • Overall Lowered Height – 83.3” • Overhead Guard Height – 88” • Free Lift – 35.3” • LIFTING CAPACITY: 5,000 lbs. at 24” Load Center • TILT: 6 degrees forward and 5 degrees backward • CARRIAGE: ITA Hook Type, 36” Carriage • FORKS: 45”x5”x1.6” – CLASS II • LOAD BACKREST: 48” High Load Backrest • TIRES: Non-Marring Cushion Tires • VOLTAGE: 36 Volt Electrical System 2. The following terms and conditions are required for all equipment purchased: • 60 Months or 10000 hours (whichever is first) Carriage to Counterweight Warranty • 60 Months or 10000 hours (whichever is first) Major Parts and Component Warranty • Up to First (4) PM’s Included (Parts and Labor) 3. All Operators, Parts and Warranty manuals shall be provided in English (paper and electronic PDF format) A3. Offeror shall include all shipping charges and deliver supplies F.O.B. DESTINATION to the following address: N/A Place of Performance: Detroit Arsenal Michigan B. Quotes must be received by ACC-DTA no later than 1:00 PM EST 23 August 2023. Email offers to marques.j.simmons.civ@army.mil. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/ . C. Questions are requested via email ONLY and addressed to Marques Simmons, email: marques.j.simmons.civ@army.mil II. LOCAL NARRATIVES: A.1__ Electronic Contracting (a) All Army Contracting Command – Detroit Arsenal solicitations will be publicized on the System for Award Management website (https://www.sam.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation. (b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal on the website SAM.gov. (c) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified. (d) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through SAM) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission. Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission. (e) Solicitations may remain posted on www.SAM.gov after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses. (f) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given. (g) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center. *** A.2__ ACKNOWLEDGEMENT OF AMENDMENTS Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below: Amendment Number: Date: __________________ ___________ __________________ ___________ __________________ ___________ __________________ ___________ *** A.3__ ARMY CONTRACTING COMMAND – DETROIT ARSENAL (DTA) OMBUDSPERSON Information regarding the Ombudsperson for this contract is located at the following website: https://www.tacom.army.mil/ombudsperson. (Best viewed using Google Chrome or Microsoft Edge) *** A.4__ ALL OR NONE Offers in response to this solicitation must be submitted for the total quantity of the items identified in the solicitation. (1) ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. (2) OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS SOLICITATION WILL BE DEEMED NONRESPONSIVE. *** A.5__ ALL OR NONE-COMMERCIAL ITEM ACQUISITION (a) This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS. Paragraph (h) is modified to say that the proposal or quote must offer to provide the total quantity of the items in this solicitation. (b) Only one award will be made as a result of this solicitation. Offers submitted for less than the total quantities of all the items in this solicitation will NOT be considered for award. *** D.1__ HEAT TREATMENT AND MARKING OF WOOD PACKAGING MATERIALS (a) In accordance with DOD 4140.65-M and the requirements of the International Standards for Phytosanitary Measures 15 (ISPM), Regulation of Wood Packaging Material in International Trade, current edition, (hereinafter ISPM 15), the following commercial heat treatment and marking process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). Foreign manufacturers shall comply with ISPM 15, and have the WPM heat treatment and marking verified in accordance with their National Plant Protection Organization’s compliance program. (b) Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All WPM using a conventional steam or dry kiln heat chamber (treatment code for the mark: HT) shall be heat treated to a minimum core temperature of 56 degrees Celsius for a minimum of 30 minutes, and certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). WPM heat treated wood using dielectric heating (treatment code for the mark: DH) shall follow the requirements in ISPM 15, and shall be certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure the materials used in manufacture can be traced to the original source of heat treatment, and that the original source of the heat treatment obtained the necessary certifications. (c) Marking. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The ALSC approved quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens. Pallet markings shall be applied to the side of the stringer or end of the block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp. *** E.1__ INSPECTION AND ACCEPTANCE POINTS: ORIGIN The Government's inspection and acceptance of the supplies offered under this contract/purchase order shall take place at ORIGIN. Offeror must specify below the exact name, address, and CAGE of the facility where supplies to be furnished under this contract/purchase order will be available for inspection/acceptance. INSPECTION POINT: __________________________________________ (Name) (CAGE) __________________________________________ (Address) (City) (State) (Zip) ACCEPTANCE POINT: __________________________________________ (Name) (CAGE) __________________________________________ (Address) (City) (State) (Zip) *** L.1__ OFFERS DELIVERED BY THIRD PARTY EXPRESS SERVICES (NON-US POSTAL SERVICE MAIL) (a) Unless specifically authorized elsewhere in this solicitation, paper offers will not be accepted. Preference for offers is to be submitted in response to solicitations via SAM.gov. Alternatively offers may be mailed following these procedures. (b) Offers, including disks or other electronic media, shall be addressed to: U.S. Army Contracting Command - Warren Bid Room, Bldg 231, Mail Stop 303 6501 East 11 Mile Road Warren, MI 48397-5000 (c) Offers shall not be addressed to an individual buyer. All offers must be addressed to the Offer Receipt Office at the above address. (d) The external delivery envelope or wrapper must be marked with the solicitation number and the date and time of the solicitation closing. Each envelope should contain only one offer. (e) Offerors must ensure that the commercial carrier they use has a tracking system that can provide documentation of the date and time of delivery to the Government. *** L.2___ HQ-AMC LEVEL PROTEST PROCEDURES Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal-Resources/ An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above. *** M.1___ CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD (a)The Government will award a contract to the offeror that: (1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified elsewhere in this solicitation, (2) submits a bid or proposal that meets all the material requirements (including technical requirements of the specification, if applicable) of this solicitation, and (3) meets all the responsibility criteria at FAR 9.104. (b) To make sure that an offeror meets the responsibility criteria at FAR 9.104 the Government may: (1) arrange a visit to the offeror’s plant and perform a preaward survey; (2) ask the offeror to provide financial, technical, production, or managerial background information. (c) If the offeror does not provide the Government with the data requested within 7 days from the date the requested is received, or if the offeror refuses to have an onsite visit to the offeror’s facility, the Government may determine the offeror to be nonresponsible. (d) If the Government visits the offeror’s facility, please make sure that current certified financial statements and other data relevant to the bid or proposal available for Government personnel to review. IV CLAUSES INCORPORATED BY REFERENCE 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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services NOV 2021 52.223-1 Biobased Product Certification MAY 2012 52.225-1 Buy American--Supplies NOV 2021 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-1 Disputes MAY 2014 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea FEB 2019 CLAUSES INCORPORATED BY FULL TEXT 52.204-26 Covered Telecommunications Equipment or Services--Representation (OCT 2020) (a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (c) Representations. (1) The Offeror represents that it [ ___ ] does, [ ___ ] 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. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 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 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. (NOV 2021) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a). ____ (12) 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). ____ (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. X (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 (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. ____ (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. X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s). X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f). X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657s). X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). ____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126). X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (30)(i) 52.222-26, Equal Opportunity (SEPT 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 (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). X (36) 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.) ____ (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.) X (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). ____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (JUN 2014) of 52.223-14. ____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). ____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (JUN 2014) of 52.223-16. 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 (JUN 2016) (E.O. 13693). ____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83). ____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (JAN 2021) of 52.225-3. ____ (iii) Alternate II (JAN 2021) of 52.225-3. ____ (iv) Alternate III (JAN 2021) of 52.225-3. ____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 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. 2302 Note). ____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150 ____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). ____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). ____ (56) 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)). ____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332). ____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). ____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). ____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.] _____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). _____ (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). _____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658). _____ (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) 52.203-19, 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 (ex...