Security Cameras
*****MODIFICATION 3, 15 SEPTEMBER 2024***** This modification is to update the vendor Q&As to answer additional questions to the solicitation, clarifying what is required. The original Q&As have been ... *****MODIFICATION 3, 15 SEPTEMBER 2024***** This modification is to update the vendor Q&As to answer additional questions to the solicitation, clarifying what is required. The original Q&As have been replaced with this new document. All other terms and conditions remain unchanged. ****MODIFICATION 2, 11 SEPTEMBER 2024**** This modification is to add additional vendor Q&As to the solicitation to clarify the description of what is required. The original Q&A has been replaced with the new document, which contains 14 questions/answers. All other terms and conditions remain unchanged. ****MODIFICATION 1, 6 SEPTEMBER 2024**** This modification is to add vendor Q&A to the solicitation to clarify the description of what is required. All other terms and conditions remain unchanged. This is a 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 is being issued as a request for quotation (RFQ) and constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05. This solicitation is set-aside 100% for small business. North American Industrial Classification Standard 561621 applies to this solicitation; business size standard is $25M. The Contracting Officer reserves the right to award under a different NAICS if the company would qualify as a small business under the solicited NAICS. The following is needed: -40 each indoor security cameras. Cameras must have a minimum resolution of 1920 x 1080 with low light/night vision capability, rated for indoor use, viewing angle no greater than 60 degrees, and fixed view preferred. Cameras to be connected via ethernet cable. Installation of cameras not required. -DVR compatible with the 40 indoor cameras. DVR must have a minimum storage capacity of 96 hours before the recordings are written over. Must have the capability to view all camera images/video in a single window. -Installation of the DVR only, located in Duluth, MN 55811. Preparing and Submitting your Quote: Offerors shall provide pricing for the above items inclusive of delivery to the Minnesota Air National Guard, 4680 Viper Street, Duluth, MN 55811-6022. These items must be delivered within 120 days after date of contract. If you cannot meet this request, please provide your best delivery date. Please make quotes valid through 30 September 2024. Response is encouraged to include past performance information: other military, commercial, and civilian companies with whom you have done business. Include country of manufacture for all items. Include feasible delivery dates. Preferred CLIN structure: CLIN0001: Indoor Security Cameras CLIN0002: DVR CLIN0003: Installation of DVR A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories: Small business; Service-disabled veteran-owned small business; Women-owned small business (WOSB) under the WOSB Program; Economically disadvantaged women-owned small business under the WOSB Program; or Historically underutilized business zone small business. All questions and quotes must be directed to Rebecca Dimler at rebecca.dimler@us.af.mil no later than two business days prior to quote due date. All questions and answers must be in writing. Do not contact other Government personnel, as this will only delay receipt of answers. All questions and the answers provided will be released to all eligible offerors on a non-attribution basis. All terms and conditions remain unchanged unless amended in writing. Place the solicitation number in the subject line of any email. Evaluation: The Government plans to award a contract resulting from this solicitation to the offer conforming to the solicitation which will be most advantageous to the Government and on the basis of a Best Value approach. Quotes will be evaluated using price, technical, delivery, and past performance. Technical, delivery, and past performance, when combined, are approximately equal to price. All solicitation specifications are not absolute and the 148FW will consider innovative solutions to this requirement. Quotes may be comparatively evaluated in compliance with FAR 13.106-2 (b) (3). Be sure to submit/attach enough additional information to enable the Government to fully ascertain the specifications/capabilities of any products quoted. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waiver informalities and minor irregularities in offers received. GOVERNMENT INTENDS TO ISSUE ONE (1) CONTRACT BUT RESERVES THE RIGHT TO CONSIDER PARTIAL OR MULTIPLE AWARDS. If not already registered in SAM, go to WWW.SAM.GOV to register prior to submitting quote. At the time of evaluation of your quote, your company must have an active status in SAM.gov. Electronic Documents: All electronic documents must NOT be “secured”, “locked”, or otherwise inaccessible. Submitter risks rejection if documents prove inhospitable to viewing and evaluation. Utilize standard Microsoft or Adobe formats, and net file size of all documents should be less than 10MB. The selected Offeror must comply with the following Clauses, which are incorporated herein by reference: 52.203-3 Gratuities (APR 1984) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023) 52.212-4 Contract Terms and Conditions--Commercial Items (NOV 2023) 52.219-11 Special 8(a) Contract Conditions (JAN 2017) 52.219-17 Section 8(a) Award (OCT 2019) 52.219-33 Nonmanufacturer Rule (SEP 2021) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) 52.222-21 Prohibition Of Segregated Facilities (APR 2015) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-2 Service of Protest (SEP 2006) 52.252-2 Clauses Incorporated By Reference (FEB 1998) 52.252-6 Authorized Deviations In Clauses (NOV 2020) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (JAN 2023) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) 252.204-7003 Control Of Government Personnel Work Product (APR 1992) 252.204-7009 Limitations on the use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (JAN 2023) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEV 2024-O0013) (MAY 2024) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023) 252.209-7004 Subcontracting With Firms That… Sponsor of Terrorism (MAY 2019) 252.211-7003 Item Unique Identification and Valuation (JAN 2023) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014) 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) 252.223-7998 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanic Acid (Dev 2022-O0010) (DEC 2022) 252.225-7002 Qualifying Country Sources As Subcontractors (MAR 2022) 252.225-7036 Buy American--Free Trade Agreements--Balance of Payments Program--Basic (FEB 2024) 252.225-7048 Export-Controlled Items (JUN 2013) 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten (MAY 2024) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JAN 2023) 252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from non-Allied Foreign Nations (JAN 2023) 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation (Dev 2024-O0006) (MAR 2024) 252.225-7993 Prohibition on Providing Funds to the Enemy (DEV 2024-O0003) (DEC 2023) 252.225-7975 Additional Access to Contractor and Subcontractor Records (DEV 2024-O0003) (DEC 2023) 252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements (OCT 2022) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor (JAN 2023) 252.243-7001 Pricing Of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2022) 252.244-7000 Subcontracts for Commercial Items (NOV 2023) 252.247-7023 Transportation of Supplies by Sea (JAN 2023) Provisions 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) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023) 52.207-4 Economic Purchase Quantity-Supplies (AUG 1987) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) AND Alt I (FEB 2024) 52.219-1 Small Business Program Representations (FEB 2024) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016) 52.225-18 Place of Manufacture (AUG 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. (JUN 2020) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020) 52.233-2 Service of Protest (SEP 2006) 52.242-13 Bankruptcy (JUL 1995) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation (DEC 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation (MAY 2021) 252.204-7024 Notice on the Use of the Supplier Performance Risk System (MAR 2023) 252.225-7000 Buy American--Balance Of Payments Program Certificate-- Basic (FEB 2024) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—Certification (JUN 2023) 252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations (JAN 2023) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (APR 2021) Provisions and Clauses for this synopsis/solicitation can be found in full text at https://www.acquisition.gov/. Additional required clauses other than those listed above may be included as Addenda on the award document. 52.212-2 Evaluation—Commercial Products and Commercial Services. (NOV 2021) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Evaluation Method: Best Value – Tradeoff Evaluation criteria: Price, Technical approach, and past performance, all being equal in evaluation. Price: A. Overall price will be evaluated to determine it is complete and reasonable. B. Proposal must be good for at least 60 days after submittal. Technical Submission A. Quote describes how each element of the equipment description has been met. B. Offerors must submit technical information (descriptive literature/specifications) that adequately demonstrates their quote meets the minimum standards required as specified in the solicitation documentation. C. A general statement of compliance or restatement of the requirement will be rated Non-Feasible. D. New Equipment ONLY. NO USED OR REMANUFACTURED PRODUCTS WILL BE ACCEPTED. E. Shipping is FOB Destination CONUS (Continental U.S.) Past Performance A. Past Performance will be evaluated utilizing FAPIIS and/or SPRS. Negative or adverse action in the last three years may render the proposal to be rated lower. (b) Options. The Government will evaluate offers 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 PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). _X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (6) [Reserved]. _X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). __ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II). _X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). _x_ (ii) Alternate I (Dec 2023) of 52.204-30. _X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). _X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (14) [Reserved]. __ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). __ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __ (17) [Reserved] __ (18) (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. __ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-7. _X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)). __ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9. __ (22) (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. __ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). _X_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f). _X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)). __ (28) 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 (Oct 2022) ( 15 U.S.C. 637(m)). __ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). __ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). _X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024). __ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (35) (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_ (36) (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_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) _X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.). __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.). __ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.). __ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.). _X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l). __ (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved]. __ (iii) Alternate II (Dec 2022) of 52.225-3. __ (iv) Alternate III (Feb 2024) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (50) 52.225-5, Trade Agreements (NOV 2023) ( 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. Subtitle A, Part V, Subpart G 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). _X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513). _X_ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). __ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). __ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). __ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Nov 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: __ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712). (iii) 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)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). (B) Alternate I (Dec 2023) of 52.204–30. (viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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. (ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). (xvii) 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). (xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Tra...
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