Inactive
Notice ID:N00104-23-R-LC28
This combined synopsis/solicitation is prepared in accordance with the format in Subpart 12.6 in conjunction with Subpart 13.5 of the Federal Acquisition Regulations (FAR) as supplemented with additio...
This combined synopsis/solicitation is prepared in accordance with the format in Subpart 12.6 in conjunction with Subpart 13.5 of the Federal Acquisition Regulations (FAR) 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. This is a Request for Quote (RFQ) and the solicitation number is N00104-23-R-LC28. All references to “offers” are changed to “quotations”. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-01 Effective December 30, 2022 and the Defense Federal Acquisition Regulation Supplement (DFARS) - DFARS Change Effective December 30, 2022. The complete text of any of clauses and provisions may be accessed in full text as follows: FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acquisition.gov/dfars Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/ Description of Requirement: This Request for Quote (RFQ) is being issued to establish a single firm-fixed price (FFP) REPAIR contract for CLIN 0001AA quantity of 72 EA, CLIN 0001AB quantity of 71 EA total quantity 143 of VALVE, LINEAR, DIRECT in compliance with Statement of Work and Attachment 0001: Technical Data Package (TDP) applies to this acquisition. Option for Increased Quantity: The Government may increase the quantity of repair assets called for in the Schedule at the unit repair price specified. The Contracting Officer may exercise up to 100% of the option by written notice to the Contractor within 365 days via unilateral contract modification. This includes provision 52.217-6 in the subject solicitation. Defense Priorities and Allocations System: The Defense Priorities and Allocations System (DPAS) assigned rating for this action is DO. Inspection/Acceptance: IAW 52.246-2 Inspection and Acceptance at Source (AUG 1996), Inspection and Acceptance shall be conducted at Origin. FOB: IAW FAR 52.247-29, delivery shall be made FOB Origin and pricing should be reflected as such. Packaging and Marking Requirements: All products shall be packaged and marked In Accordance With (IAW) the packaging requirement code listed in Attachment 0002, as supplemented by Attachment 0001: Technical Data Package (TDP). Deliveries: Accelerated and partial deliveries at no additional cost to the Government are accepted and encouraged. Warranty: Refer to FAR 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria. Covered Defense Information (CDI): Note regarding DFARS 252.204-7008 and DFARS 252.204-7012: The Government not including or identifying CDI for this item does not constitute a lack of CDI for this solicitation/award. Attachments: Attachment 0001: Technical Data Package (TDP) Attachment 0002: Packaging Requirement Code Set Aside: This requirement is an unrestricted repair request. The North American Industry Classification System (NAICS) code for this acquisition is 333618 and the small business size standard is 1500 employees. Period of Performance: The period of performance for the resultant award will consist of a one-year base period with a one-year option period. The term “year” as used in this solicitation mean a period of 365 days beginning on the award start date and every 365 days thereafter, except for a leap year, in which the year shall be 366 days. System for Award Management (SAM): IAW FAR 4.1102, Offerors shall be registered in SAM at the time an offer or quotation is submitted, during performance, and through final payment of any award resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/SAM/. Annual Representations and Certifications: IAW FAR 4.1201, Offerors are required to complete electronic annual representations and certification in SAM as part of the required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/SAM/. Material Condition: Reconditioned, remanufactured, former Government surplus, and/or used material are not acceptable. Offers for these types of material conditions will not be accepted and are ineligible for award. Award without Discussions: The Government intends to award without discussions, offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected. Period for Acceptance of Offers: The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. Past Performance Evaluation: The Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) will be used in the evaluation of suppliers past performance. SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased. The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government will use this past performance information in accordance with the basis for award stated in the solicitation. Financing: IAW FAR 32.003, contract financing will not be provided. Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow (WAWF). The successful Offeror must be registered in WAWF for the purpose of processing vendor payment requests. See DFARS 252.232-7003 and 252.232-7006. Questions: Questions regarding this solicitation must be submitted to the Contract Specialist, Gia Poppleton, at giovanna.m.poppleton.civ@us.navy.mil. Questions must be received by 5:00 PM Eastern Standard Time (EST) on April 14, 2023. Questions received after this date and time may not receive a response. Answers to questions will be posted to the beta.SAM.gov website via an amendment to the solicitation. No information concerning this solicitation will be provided in response to telephone calls. Receipt of Offers: All offers must be received by April 14, 2023, at 5:00 PM Eastern Local Time to be considered for award. All offers and corresponding documentation shall be submitted via email to giovanna.m.poppleton.civ@us.navy.mil. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/SAM/. CLIN NSN ITEM NAME QTY U/I 0001 7HE 4810 013481817 VALVE, LINEAR, DIRECT 143 EA TDP VER: 008 CAGE/RFRN: 07309 / P-2-1-19 CLIN DODAAC Qty Delivery By ADDRESS 0001 AA W25G1U 72 01/05/2024 W1A8 DLA DISTRIBUTION DDSP NEW CUMBERLAND FACILITY 2001 NORMANDY DRIVE DOOR 113-134 NEW CUMBERLAND PA, 17070-5002 0001 AB W62G2T 71 010/05/2024 W1A8 DLA DIST SAN JOAQUIN 25600 S CHRISMAN RD REC WHSE 57 TRACY, CA 95304-5000 0001AC OPTION QTY UP TO 100% OF ITEM 0001 The following FAR, and DFARS provisions apply to this acquisition: FAR 52.212-1- Instructions to Offers – Commercial Items Addenda to FAR 52.212-1 Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows: (c) Period of acceptance of offers. The Offeror agrees to hold prices in its offer firm for 90 calendar days from the date specified for receipt of offers. The following paragraphs under referenced provision 52.212-1 are hereby deleted: (d) Product samples; (e) Multiple Offers; and (h) Multiple Awards The following provisions apply and are incorporated by reference: FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-20 Predecessor of Offeror (AUG 2020) FAR 52.204-22 Alternative Line Item Proposal (JAN 2017) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) FAR 52.204-26 Covered Telecommunications Equipment or Services – Representations (DEC 2019) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representations (NOV 2015) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.219-1 Small Business Program Representations (MAR 2020) FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.222-25 Affirmative Action Compliance (APR 1984) FAR 52.225-18 Place of Manufacture (AUG 2018) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (JUN 2020) FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representations (JUN 2020) FAR 52.233-2 Service of Protest (SEP 2006) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016) DFARS 252.225-7020 Trade Agreements Certificate – Basic (NOV 2014) Addenda to FAR 52.212-1; the following provisions apply and are incorporated in full text: FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (APR 2008) Any contract awarded as a result of this solicitation will be ( < > ) DX rated order, ( ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS)((15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. (End of provision) FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: FAR: https://www.ecfr.gov/ under Title 48, Chapter 1 DFARS: https://www.ecfr.gov/ under Title 48, Chapter 2 Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/ (End of provision) FAR 52.252-5 Authorized Deviations in Provisions (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) OFFER SUBMISSION INSTRUCTIONS – Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. 1. Quotes may be submitted in contractor format and shall include: (1) Company name, address, telephone number, e-mail address, and FAX number (2) Solicitation number (3) Commercial and Government Entity (CAGE) Code (4) Completed Schedule of Supplies/Services with a Unit Price, extended prices and proposed delivery days (5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation) 2. Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications-Commercial Items and FAR provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment with its offer or may indicate completion of the representations and certifications on the internet at www.sam.gov/SAM/. Failure to include the certifications along with the quote or to complete the certifications on the internet may result in elimination from consideration for award. FAR 13.106-2 – Evaluation of Quotes or Offers: The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price contract to the lowest price technically acceptable Offeror whose quote represents the lowest price. Therefore, only offers for the exact NSN, OEM Part Number, OEM CAGE Code, Current Revision, with Completed Traceability Documentation (if required) will be considered technically acceptable. If the Offeror did not manufacture the item, the Offeror shall submit supply chain traceability documentation that clearly indicates all supply chain intermediaries between the manufacturers to the contractor, to item acceptance by the Government. This information will be used to determine technical acceptability. Technical information shall be evaluated on a go/no go basis and will not be rated. Any Offeror who has been determined acceptable (go) on their technical information will then have their quote evaluated for price. Other than certified cost or pricing data may be requested after receipt of offers. If requested, Offerors shall provide other than certified cost or pricing data within 15 days. Offerors are recommended to submit other than certified cost or pricing data along with their quote or offer in order to avoid any delays. FAR 52.212-4 Contract Terms and Conditions–Commercial Items (OCT 2018). Addenda to 52.212-4; the following clauses apply and are incorporated by reference: FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.215-2 Audit and Records – Negotiation (JUN 2020) FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) FAR 52.229-11 Tax on Certain Foreign Procurements (JUN 2020) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.246-16 Responsibility for Suppliers (APR 1984) FAR 52.247-29 F.O.B. Origin (FEB 2006) FAR 52.253-1 Computer Generated Forms (JAN 1991) DFARS 252.203-7000 Requirement Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252-203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (DEC 2019) DFARS 252.211-7003 Item Unique Identification and Valuation (MAR 2016) DFARS 252.211-7005 Substitutions for Military or Federal Specifications and Standards (NOV 2005) DFARS 252.211-7006 Passive Radio Frequency Identification (DEC 2019) DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) – Basic (DEC 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) DFARS 252.225-7021 Trade Agreements – Basic (SEP 2019) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013) DFARS 252.247-7023 Transportation of Supplies by Sea – Basic (FEB 2019) WSSTERMDZ03 Preservation, Packaging, Packing and Marking (MAY 2020) WSSTERMLZ06 Consignment Instructions (MAY 2010) Addenda to FAR 52.212-4; the following clauses apply and are incorporated in full text: FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). __ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a). __ (ii) Alternate I (MAR 2020) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (MAR 2020) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 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 (MAR 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)). _x_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (NOV 2016) of 52.219-9. __ (iii) Alternate II (NOV 2016) of 52.219-9. __ (iv) Alternate III (JUN 2020) of 52.219-9. __ (v) Alternate IV (JUN 2020) of 52.219-9. __ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (MAR 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). _X_ (22)(i) 52.219-28, Post-Award Small Business Program Representation (MAY 2020) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). _X_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X_ (30)(i) 52.222-26, Equal Opportunity (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 (July 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 (July 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 (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). __ (36) 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.) __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (OCT 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (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 (MAY 2014) (41 U.S.C. chapter 83). __ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. 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. __ (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 (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (JUN 2020). __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332). _X_ (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. 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 Under Executive Order 13658 (DEC 2015). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab a...
