Vertical Transportation Equipment (VTE) Maintenance
COMBINED SYNOPSIS/SOLICIATION FA4484-19-Q-A020 Vertical Transportation Equipment (VTE) Maintenance This is a combined synopsis/solicitation for commercial services prepared in accordance with the form... COMBINED SYNOPSIS/SOLICIATION FA4484-19-Q-A020 Vertical Transportation Equipment (VTE) Maintenance This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number FA4484-19-Q-A020 is being issued as a request for quote (RFQ) using simplified acquisition procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03 (effective 12 Jul 19) and Defense Federal Acquisition Regulation Supplement 20190628 (effective 28 Jun 2018). It is the contractor's responsibility to be familiar with applicable clauses and provisions. This requirement is being issued as 100% small business. The North American Industrial Classification System Code is 238290 Elevator Installation, with a small business size standard of $15M. The government intends to issue a fixed price purchase order. Quoted prices shall include itemized pricing for each Contract Line Item Number (CLIN) as follows: CLIN 0001 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL.(O&M FUNDS) in accordance with (IAW) the attached performance work statement (PWS). Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 0002 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL.(TWCF FUNDS) IAW the attached PWS. Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 0003 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (NAVAIR FUNDS). IAW the attached PWS. Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 0004 - OVER AND ABOVE (O&M FUNDS) IAW the attached PWS. Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 0005 - OVER AND ABOVE (TWCF FUNDS). IAW the attached PWS. Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 0006 - OVER AND ABOVE (NAVAIR FUNDS). IAW the attached PWS. Base Year: 1 Oct 2019 - 30 Sep 2020 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1001 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL.(O&M FUNDS) in accordance with (IAW) the attached performance work statement (PWS). Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1002 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL.(TWCF FUNDS) IAW the attached PWS. Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1003 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (NAVAIR FUNDS). IAW the attached PWS. Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1004 - OVER AND ABOVE (O&M FUNDS) IAW the attached PWS. Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1005 - OVER AND ABOVE (TWCF FUNDS). IAW the attached PWS. Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 1006 - OVER AND ABOVE (NAVAIR FUNDS). IAW the attached PWS. Option Year One: 1 Oct 2020 - 30 Sep 2021 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2001 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (O&M FUNDS) in accordance with (IAW) the attached performance work statement (PWS). Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2002 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (TWCF FUNDS) IAW the attached PWS. Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2003 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (NAVAIR FUNDS). IAW the attached PWS. Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2004 - OVER AND ABOVE (O&M FUNDS) IAW the attached PWS. Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2005 - OVER AND ABOVE (TWCF FUNDS). IAW the attached PWS. Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 2006 - OVER AND ABOVE (NAVAIR FUNDS). IAW the attached PWS. Option Year Two: 1 Oct 2021 - 30 Sep 2022 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3001 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (O&M FUNDS) in accordance with (IAW) the attached performance work statement (PWS). Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3002 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (TWCF FUNDS) IAW the attached PWS. Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3003 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (NAVAIR FUNDS). IAW the attached PWS. Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3004 - OVER AND ABOVE (O&M FUNDS) IAW the attached PWS. Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3005 - OVER AND ABOVE (TWCF FUNDS). IAW the attached PWS. Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 3006 - OVER AND ABOVE (NAVAIR FUNDS). IAW the attached PWS. Option Year Three: 1 Oct 2022 - 30 Sep 2023 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4001 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (O&M FUNDS) in accordance with (IAW) the attached performance work statement (PWS). Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4002 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (TWCF FUNDS) IAW the attached PWS. Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4003 - Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. (NAVAIR FUNDS). IAW the attached PWS. Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4004 - OVER AND ABOVE (O&M FUNDS) IAW the attached PWS. Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4005 - OVER AND ABOVE (TWCF FUNDS). IAW the attached PWS. Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ CLIN 4006 - OVER AND ABOVE (NAVAIR FUNDS). IAW the attached PWS. Option Year Four: 1 Oct 2023 - 30 Sep 2024 Quantity: 12 Each Monthly Price: $_____________ TOTAL: $_____________ QUOTES DUE DATE: All quotes are due no later than 2:00 PM EST 23 Sep 2019. Quotes may be emailed to Ramnarine.Mahadeo.1@us.af.mil SITE VISIT INFORMATION: A site visit will be available on 9 Sep 2019 @ 0900. If you would like to visit the site you must notify Mr. Ramnarine Mahadeo via email ramnarine.mahadeo.1@us.af.mil within three days of this solicitation. You will need to provide the following information in order to access the base: - Name - Company Name - Full Social Security Number - Date of Birth. ATTACHMENTS: 1. Performance Work Statement 2. Federal Acquisition Regulation 52.212-3, Alternate 1 to be filled out by all offerors. 3. Burlington & Ocean County Wage Determinations 4. Security Forces Squadron Appendix. 5. Medical Statement 6. Antiterrorism Statement APPLICABLE PROVISIONS AND CLAUSES: Clauses and provisions incorporated by reference may be accessed via the Internet at http://farsite.hill.af.mil/ or http://www.arnet.far.gov/. Federal Acquisition Regulation: 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance, 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.212-1 Instructions to Offerors- Commercial Items 52.212-4 -- Contract Terms and Conditions -- Commercial Items. 52.217-8 Option to Extend Services. 1999-11 As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __30 DAYS__ (End of clause) 52.217-9 Option to Extend the Term of the Contract. 2000-03 As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within __30 DAYS__; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60 DAYS__ days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed __5 YEARS__. (End of clause) FAR 52.232.18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. ADDENDUM 52.212-1 A. To assure timely and equitable evaluation of offers, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Part I - Technical and Part II - Price B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional data will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. C. Specific Instructions: 1. PART I - TECHNICAL: Offerors shall provide proof of state licenses, provide training and certification documentation for technicians showing that they are certified by the appropriate federal and state regulatory agencies to meet federal and local certification requirements in the maintenance of VTE. 2. PART II - PRICE: Insert proposed unit and extended prices on each contract line item number (CLIN). The extended amount must equal the whole dollar unit price multiplied by the number of units. 52.212-2 Evaluation- Commercial Items ADDENDUM 52.212-2 a. Basis for Contract Award This is a Lowest Price Technically Acceptable (LPTA) award decision conducted in accordance with Federal Acquisition Regulation (FAR) and as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil. The Government will select the lowest priced offer that meets the specific technical requirements of this solicitation. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 8.1, as supplemented, whose quote conforms to the solicitation's requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation) and is judged to represent the lowest price technically acceptable quote. b. Solicitation Requirements, Terms and Conditions Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or sub factors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable. c. Technical Factor The Government's technical evaluation shall consist of offers being acceptable or unacceptable. An "Unacceptable" rating will render the entire quote unacceptable and, therefore, unawardable. To be technically acceptable offerors shall provide proof that all technicians are certified Elevator Technician (CET), by the National Association of Elevator Contractors (NAEC) Offerors must provide documentation of this technical performance. Offerors who fail to provide this documentation will render their quote unacceptable. 52.252-1 Solicitations Provision Incorporated by Reference (http://farsite.hill.af.mil/) 52.252-2 Clauses Incorporated by Reference (http://farsite.hill.af.mil/) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials, 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7004 Alternate A, System For Award Management 252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports, 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7010 Levies on Contract Payments, 5352.223-9001 Health and Safety on Government Installations 5352.201-9101 Ombudsman The following provisions/clauses are applicable to FAR 52.212-5: 52.203-6 Restrictions on Subcontractor Sales to the Government 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 52.219-6 Notice of Total Small Business Set-Aside 52.219-14 Limitations on Subcontracting 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222.36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons, 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving, 52.225-13 Restrictions on Certain Foreign Purchases, 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 52.222-55 Minimum Wages Under Executive Order 13658 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2018) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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 (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509). X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). (10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). (ii) Alternate I (NOV 2011) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (JAN 2011) of 52.219-4. (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). (ii) Alternate I (NOV 2011). (iii) Alternate II (NOV 2011). (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9. (v) Alternate IV (Aug 2018) of 52.219-9. X (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages--Subcon-tracting 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 (NOV 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26. (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). (ii) Alternate I (July 2014) of 52.222-35. (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ii) Alternate I (July 2014) of 52.222-36. (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.) (35)(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.) (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). (38) (i) 52.223-13, Acquisition of EPEAT(r) Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. (39)(i) 52.223-14, Acquisition of EPEAT(r) Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). (44) 52.223-21, Foams (June, 2016) (E.O. 13693). (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). X (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (50) 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). (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (July 2013) (31 U.S.C. 3332). (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (July 2013) (31 U.S.C. 3332). (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). (60)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 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). (5) 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). (6) 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). (7) 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). (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (v) 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. (vi) 52.222-21, Prohibition of Segr...
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