CRANE SUPPORT SERVICES
COMBINED SYNOPSIS/SOLICITATION Marine Corps Tactical Systems Support Activity (MCTSSA) M68909-19-Q-7625 Camp Pendleton, CA August 15, 2019 1. This is a combined synopsis/solicitation for commercial it... COMBINED SYNOPSIS/SOLICITATION Marine Corps Tactical Systems Support Activity (MCTSSA) M68909-19-Q-7625 Camp Pendleton, CA August 15, 2019 1. 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. •2. 2. This solicitation is being issued as a Request for Quotation (RFQ). 3. This solicitation document and incorporated provisions and clauses are those in effect through: a. Federal Acquisition Circular FAC 2019-03 b. Defense Federal Acquisition Circular DPN 20190628 4. This solicitation is reserved exclusively for small business concerns and shall be set aside in accordance with FAR 13.003(b)(1) under the North American Industrial Classification System (NAICS) code 238990, with a small business size standard of $15 million. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award. 5. Requirements and evaluation procedures are listed in this solicitation. All questions regarding this solicitation should be submitted in writing to marina.a.simmons@usmc.mil. not later than 3:00 PM PDT 20 August 2019. Quotations are due not later than 11:00 AM PDT on 30 August 2019 and shall be submitted via email to marina.a.simmons@usmc.mil. No mailed quotations will be accepted. Failure to respond to this RFQ and associated amendments if applicable prior to the closing date and time established may render an offer non-responsive and result in rejection. The Government requests quotations for crane services in support of test events at the Amphibious Vehicle Test Branch (AVTB) located in Area 21 on Marine Corps Base Camp Pendleton, CA 92055. The period of performance is one year, with two (2) 12 month option year periods to follow. It is anticipated that the performance will begin in September 2019. Line Item Item Description Qty Unit Unit Price Extended Price BASE YEAR 0001 Crane mobilization/ Demobilization (Delivery + Pick-up) 32 Hours 0002 Crane Rental with Operator (Includes set-up, operators, and riggers) 88 Hours 0003 Lay Days 5 Days OPTION YR 1 1001 Crane mobilization/ Demobilization (Delivery + Pick-up) 32 Hours 1002 Crane Rental with Operator (Includes set-up, operators, and riggers) 1003 Lay Days 5 Days OPTION YR 2 2001 Crane mobilization/ Demobilization (Delivery + Pick-up) 32 Hours 2002 Crane Rental with Operator (Includes set-up, operators, and riggers) 88 Hours 2003 Lay Days 5 Days Description of Services •1.0 Scope The Government has a requirement for crane services at the AVTB Facilities to execute testing on Assault Amphibious Vehicles (AAVs). Vehicles to be lifted are delicate and must not be dented or damaged during the Contractor performance. The full size vehicle dimensions for length, width, height and weight are as follows: 350", 142", 118", and 69,200lbs and not to exceed 100,000lbs The vehicle platforms will be positioned no more than 25' of working radius from the crane. In order to measure the (VCG), the vehicle will be lifted using the sling offset method with a crane, using Cable/Slings/shackles to lift vehicles and allow suspension angles 25-45 degrees. Typically Sling length have been 30ft and 40ft. Numbers of lifts will be as directed. The sling requirements are as follows: 40' qty (2) 30' qty (2) •2.0 Requirements The Contractor shall provide all required tools, equipment, and labor to provide crane services, including skilled crane operators and crane riggers to lift the vehicles at different angles. The place of performance for the required services is AVTB in Area 21 or within 100 mile radius Camp Pendleton, CA. •2.1 Duration The Contractor shall be required to provide crane services upon request for test events. Each test event is estimated to require 1 to 5 days of support for each Testing Event at the test location. The contractor shall be available on site as required up to 5 days a week. Normal work hours are from 0700 - 1630 daily during the Period of Performance. A work schedule will be provided to the cpontractor no later than 5 working days from the date that initial services are to begin. Changes to the work schedule will be provided no later than 24 hours prior to execution. The first test event is tentatively scheduled for 03 September 2019. •2.2 Crane Operation The Contractor shall prepare and setup the lift site to ensure proper safety and lifting of the Amphibious Combat Vehicles (ACV) during the duration of testing at AVTB. The Contractor shall determine and provide the appropriate capacity crane or cranes needed to perform the required lift and position of the platforms, without risking damage to the equipment or injuring personnel. The Contactor shall provide trained, knowledgeable, and experienced crane operators and crane riggers to perform the required work. In addition, the Contractor shall provide all certified weight tested lifting hardware such as cables, straps, shackles, or any other related hardware required to lift and/or position the platforms. 2.3 Occupational Safety and Health Administration (OSHA)Compliance The vendor is solely responsible in meeting all of the Governmental and Occupational Safety and Health Administration (OSHA) requirements in order to have immediate access to Marine Corps Base, Camp Pendleton, CA 92055, and Vandenberg Air force Base, CA 93437. The government is not responsible for any additional costs the vender may incur as a result of this requirement. 3.0 Security The Contractor shall complete the base access form and submit to the Government Technical Point of Contact (TPOC), at award of the contract. The Contractor shall allow several days for the Government to process each Base Access form, prior to the required performance date(s). No foreign nationals shall be permitted on the Marine Corps Base under performance of this contact. 3.1 Travel Crane lift service will be at AVTB, Camp Pendleton, CA or Naval Base, San Diego, CA. 3.2 Other Unique Items/Considerations Scheduling: Testing limitaions required the lift and suspension of the vehicle with wind conditions to be 5 mph or less. •3.3 Applicable Documents •3.3.1 Marine Corps Facilities Engineering Command, Management of Cargo Handling Gear and Equipment, 29 CFR 1917. •3.3.2 Marine Corps Occupational Safety and Health Program Manual, MCO P11262.A •4.0 Delivery Shipping Instructions Amphibious Vehicle Test Branch Camp Pendleton, CA 92055 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/these address(es): FAR Clauses http://acquisition.gov/far/ DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR Clauses http://acquisition.gov/far/ DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of clause) CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-3 Offeror Representations and Certifications--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JAN 2017) -- ADDENDUM FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitaton and hereby amends any language therein: 1. The Government will award a Firm Fixed Price contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation represents the best value for theGovernment. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical reqquirements, in addition to those identified as evaluation factors. Quotations in response to this Combined Synopsis/Solicitation must address the evaluation factors which include price and technical specification as defined herein. 2. Quotation Specifics: All quotations must be provided on the solicitation on page 1 and the quotaton sheet (Attachment 2). The quotation sheet must be completed in its entirety to include FAR 52.212-3(b). Questions and quotations must be sent via email to the point of contact listed on Page 1 by the specified submission deadline. 3. Eligible Quoters: All quoters must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means quoters shall have registered CAGE and DUNS Codes. 4. Questions Due Date and Submission Requirements: All questions must be received before 20 August 2019, 11:00 AM, PDT. Questions must be e-mailed to the Contract Specialist at is Marina A. Simmons at marina.a.simmons@usmc.mil. 5. RFQ Due Date and Submission Requirements: This RFQ closes on 30 August 2019, 11:00 AM, PDT. Quotes must be e-mailed to the Government RFQ Point of Contract: The point of contact for this solicitation is Marina A. Simmons at marina.a.simmons@usmc.mil. Reference RFQ# M6890919Q7625 on all email exchanges regarding this acquisition. (End of provision) 52.212-2 EVALUATION-COMMERCIAL ITEMS As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Technical Price Past Performance • 1. Technical Acceptability - The Government will employ the Lowest Price Technically Acceptable (LPTA) evaluation method for this requirement. The Government shall make a determination of technical acceptability, based upon meeting the requirement as listed on the solicitation and performance work statement (PWS). Technical acceptability will be determined based on contractor's technical data supporting the requirement. The government's evaluation team shall evaluate the technical data on a pass/fail basis, assigning a rating of Acceptable or Unacceptable. Technical Capability Ratings: Acceptable - Pass Unacceptable - Fail Only those quotations determined to be technically capable of meeting or exceeding all minimum requirements as stated in this solicitation will be evaluated on price. 2. Price (Total) - The total price shall include the quoted price unit and extended prices to include discounts for each CLIN. The total price shall include discount terms, and total Firm-Fixed Price to be eligible for consideration of award. All pricing will remain valid from the date of submission for 60 days. Price will be evaluated based on LPTA. 3. Past Performance - The Government will review internal databases to evaluate the vendor's past performance. (b) Basis of Award: IAW FAR 13.106-2(b)(1), the Lowest Price Technically Acceptable (LPTA) selection process shall be applied, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS). A single award will be made to the responsive vendor who meets or exceeds the acceptability standards for no-cost factors and whose quotation represents the best quote to the Government that reflects a complete understanding of the specifications of the requirement. Technical Capability shall be evaluated on an "Acceptable" or "Unacceptable" basis. Only those quotations determined to be technically capable will be evaluated on price and be eligible for award. Quotations should contain the Vendor's best terms on a price and technical capability standpoint. (c) Options. The Government will evaluate quotes 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). (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019) (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). ____ (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 2018) (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 (Oct 2018) (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 (Oct 2018) (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. ____ (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-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (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)). X (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. X (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 (JAN 2019) (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). ____ (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 (Jun 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ____ (38) (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. ____ (39)(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. ____ (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®-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 (Jun 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (Jun 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). ____ (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 (Oct 2018) (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)(13)). ____ (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). _____ (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). (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 (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. (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 Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-8 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 no...
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