High-Performance Computer (HPC) to support NRL Code 8200 research priorities
Final Extension Notice -- Due 5:00PM EST on 27 AUG 24 UPDATED TECHNICAL SPECSIFICATION REQUIREMENTS AS OF 14 AUGUST 2024 COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation for com... Final Extension Notice -- Due 5:00PM EST on 27 AUG 24 UPDATED TECHNICAL SPECSIFICATION REQUIREMENTS AS OF 14 AUGUST 2024 COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes a solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2022-06, DPN 20220318 and NMCARS 18-21. General InformationSolicitation Type Request for Quote, following FAR Subpart 13.5 procedures Solicitation Number N00173-24-RFQ-TG01 Post Date August 9th, 2024 Response Date / Time August 22, 2022, 3PM EDT NAICS Code 541715 Size Standard 1000 Employees Product or Service Code AJ13 Set-Aside Small Business Set Aside Contract Type Firm Fixed-Price (FFP) Point(s) of Contact Torrean Green, Contract Specialist, torrean.j.green.civ@us.navy.mil All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement on Government-wide Point of Entry (beta.sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those vendors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award. Questions must be submitted to the Point of Contact listed above no later than seven (7) days after the Posted Date. The Naval Research Laboratory (NRL) has a requirement for the delivery, installation, and immediate operability of a commercially available High-Performance Computer (HPC) to support NRL Code 8200 research priorities. This HPC will be used for scientific computing, specifically Computational Fluid Dynamics (CFD). The anticipated line item structure as follows: Item Schedule of Supplies/Services Quantity Unit Unit Price Amount 0001 High Performance Computer System 1 Lot $ $ 0002 Cooling lines connection to facilities water supply 1 Lot $ $ 0003 Electrical connection to facilities power supply 1 Lot $ $ 0004 Warranty 1 Lot NSP NSP TOTAL PRICE $ $ This contract line item structure is based on the items outlined in the salient characteristics listed below and also found in Attachment 1. Offeror quotes shall be itemized for all major sub-components and parts to detail build-up to total quoted price. Pricing for CLIN 0001 shall contain all of the following required components, delivery, installation and warranty as described below: CLIN 0002, 0003 and 0004 pricing is broken out for resepective areas outside of noted hardware requirements. Delivery and Other Requirement Information Required Delivery Dates: 60 days from award. Early delivery is acceptable. Delivery Location: Receiving Officer Contract Number: TBD ATTN: TBD, Code: TBD Naval Research Laboratory 45555 Overlook Ave., SW, Washington, DC 20375 Inspection / Acceptance: Inspection acceptance will be in accordance with FAR 52.212-4 unless the Contracting Officer determines other acceptance procedures to be more appropriate for the acquisition of this complex commercial item. Installation / Setup / On-site Training: System will require unboxing, assembly, installation, start-up, passing acceptance test to witness testing, and on-site training. FOB Point: DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34. Requirements For On-Site Contractors:For those portions of the work performed at any NRL site, the contractor must comply with the Requirements for On-Site Contractors which are hereby attached in this solicitation in Attachment 2 – Requirements for On-Site Contractors. Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. FAR 52.212-1, Instructions To Offerors— Commercial Products And Commercial Services (NOV 2021) - And Addenda To FAR 52.212-1 applies to this acquisition. FAR 52.212-1 has been tailored to include the following additional instructions: m) SUBMISSION: quotes shall be submitted electronically, via email, to the Point of Contact listed in this solicitation, by the Date Offers are Due identified in the General Information Section of this solicitation. Facsimile quotes are NOT authorized. A confirmation receipt will be provided, but it is the sole responsibility of the Vendor to ensure that its response is received in its entirety and in a timely manner. n) QUOTE REQUIREMENTS: Vendor shall submit documentation that confirms the proposed item(s) meet or exceeds all physical, functional, performance, and delivery schedule requirements and any other terms and conditions specified in this solicitation and its attachment(s). The quote shall also include: Company Information, to include Company Name, Address, Unique Entity ID (UEI) Number and Cage Code, and company Point of contact, phone number, email address and web page URL. Letter of Authorization – If providing the products/items of another manufacturer as an Authorized Reseller/Partner, the Vendor shall include some form of documentation from the manufacturer illustrating that the Vendor is an Authorized Reseller/Partner. Description of standard commercial warranty. If including a software product in its quote, Vendor shall provide a summary of its standard federal government software license in its technical proposal. The full software license shall be added as an attachment to the technical proposal. If the Vendor does not have a federal government software license, the Contractor shall provide a summary and copy of its commercial software license customarily provided to the public The Vendor shall provide a detailed explanation of (a) how the use of foreign parts will be prevented or minimized, (b) how the impact of any employed foreign parts will be mitigated, and (c) what steps will be taken to protect the system from tampering between system manufacturing and system installation. Vendor shall include a cross reference chart to show whether the proposed solution meets each of the specifications. The chart shall also reference page and section of the technical quote. Vendor shall include warranty and preventative maintenance in the technical quote, for ease of evaluation, and not as a separate document. Offeror shall include the facility work requirement sheet in the technical proposal. The facility work requirement sheet shall also include all necessary NRL site preparation requirements for installation. Vendor shall include a completed copy of the provision at 52.212-3, Vendor Representations and Certifications – Commercial Items, with its offer. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Vendor shall list exception(s) and rationale for the exception(s). The Vendor shall agree to hold the prices in its offer firm for sixty (60) calendar days from the date specified for receipt of offers. o) This procurement is for new equipment ONLY. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. p) Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. q) General statements, that the vendor can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFQ's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical quote. r) ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)- In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. s) Any inquiry regarding this solicitation shall be submitted to the Contract Specialist, Patricia Severino, in writing, via e-mail at patricia.severino@nrl.navy.mil, no later than three (3) business days after the release date of this solicitation. t) The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. All payments will be in accordance with FAR 52.212-4(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. FAR 52.212-2 - Evaluation - Commercial Products And Commercial Services (NOV 2021) applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government. Factors others than price shall be considered, specifically technical and past performance factors. A Price/Technical Tradeoff analysis of both price and non-price factors will be conducted in evaluating each quote submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced Vendor or other than the highest technically rated Vendor. The following factors shall be used to evaluate offers: 1. TECHNICAL CAPABILITY: The Government will evaluate quotes based on how well the proposed product(s)s meet the requirement of the Specifications Attachment. Vendors will be evaluated from Excellent to Unacceptable on above parameters. The Technical capability rating methodology is as follows: Technical Capability Rating Methodology Rating Abbreviation Risk Level Definition Excellent E Very Low Risk The proposal contains no deficiencies or weaknesses. Based on information provided, there is no doubt that the vendor demonstrates an exceptional understanding of the specifications required to meet or exceed most contract requirements. The highest quality of contract performance is anticipated. Very Good VG Low Risk The proposal contains no deficiencies and only a few minor weaknesses that do not require discussions. Based on the information provided, there is little doubt that the vendor demonstrates a high quality of understanding of the specifications required to meet or exceed some contract requirements. Satisfactory S Moderate Risk The proposal contains no deficiencies and some weaknesses. Based on the information provided, the Vendor demonstrates an understanding of the specifications required to meet contract requirements. Poor P High Risk The proposal contains deficiencies and significant weaknesses. Based on information provided, there is doubt that the contractor understands the specifications required to meet the contract requirements. Requirement can be met only with major changes to the proposal. Unacceptable U Unacceptable Risk Technical proposal has many deficiencies and/or gross omissions; failure to understand much of the scope of work necessary to perform the required tasks; failure to provide a reasonable, logical approach to fulfilling much of the government's requirements. For the purpose of evaluation of Technical Capability, the Vendor shall provide documentation that confirms the proposed solution is capable of meeting and/or exceeding all the Government’s required specifications. Vendor shall include a copy of the quoted system’s manufacturer’s specifications. (2) General statements, that the vendor can or will comply with the requirements, that standard procedures will be used, that well-known techniques will be used, or that paraphrases the RFQ's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical quote. 2. PAST PERFORMANCE: IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased. Ratings: Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance Neutral: In the case of a supplier without a record of relevant past performance history in SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history. 3. PRICE REASONABLENESS: The Government anticipates making a determination of fair and reasonable price based on competitive quotes. If only one response is received, the Government may use other methods as described at 13.106-3(a)(2). Based on the factors above, Technical Capability is more important than Supplier’s Past Performance and Supplier’s Past Performance is more important than Price Reasonableness. (b) Award on Initial Responses; Exchanges with Best-Suited Contractor The Government anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with vendors. Vendors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. However, the Government may engage in limited exchanges to clarify certain aspects of quotes. Once the Government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined in the sole discretion of the Government, the Government reserves the right to conduct exchanges with the next best-suited contractor and address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. (End of provision) FAR 52.212-3 - Offeror Representations And Certifications- Commercial Products And Commercial Services (NOV 2021) apply to this acquisition. Offerors shall have and maintain active annual Representations and Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov . The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. If paragraph (j*) of the provision applies, a written submission is required: (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) Outside the United States. FAR 52.212-4, Contracts Terms And Conditions -- Commercial Products And Commercial Services -- (NOV 2021) applies to this acquisition. FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Products And Commercial Services (JAN 2022) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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). _X_ (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). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-6. __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-7. __ (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 (Sep 2021) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. __ (v) Alternate IV (Sep 2021) of 52.219-9. __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (Mar 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s). __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f). _X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). _ _ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). __ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). __ (ii) Alternate I (Jul 2014) of 52.222-35. _X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). __ (ii) Alternate I (Jul 2014) of 52.222-36. _X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). _X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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). (Executive Order 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 (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.) __ (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 (Jun2014) of 52.223-14. _X_ (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 (Jun2016) (E.O. 13693). __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (Jan 2021) of 52.225-3. __ (iii) Alternate II (Jan 2021) of 52.225-3. __ (iv) Alternate III (Jan 2021) of 52.225-3. __ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) . __ (56) 52.232-29, Terms for Financing of Purchases of Commercial 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)). _X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 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. chapter67). _ _ (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) ( 29U.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 (Nov 2020). __ (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) 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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 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). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (x) 52.222-3...
Data sourced from SAM.gov.
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