Inactive Total Small Business Set-Aside (FAR 19.5)

Requirement Title: 145th LRS Flash Point Tester Solicitation Number: W50S87-25-Q-5001 Contract Type: Firm Fixed Price Solicitation Issue Date: 3/9/2025 Response Deadline: 3/19/2025 @ 2pm Points of Con... Requirement Title: 145th LRS Flash Point Tester Solicitation Number: W50S87-25-Q-5001 Contract Type: Firm Fixed Price Solicitation Issue Date: 3/9/2025 Response Deadline: 3/19/2025 @ 2pm Points of Contact: 145th MSC Primary: Capt Scott Thomas Scott.Thomas.53@us.af.mil Alternate: SMSgt Bryant Alexander Bryant.Alexander@us.af.mil General Information This is a Request for Quote for commercial items prepared in accordance with the format in Subpart 12.6 and FAR 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. In order to be considered/evaluated for award, vendors must be registered and avtive in SAM.gov to do business with the United States Government including all of its agencies. Information on how to register can be found at https://sam.gov. REFERENCE FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT. IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE RESPONDING TO THIS SOLICITATION AND NOT CURRENTLY REGISTERED, ACTIVE AND VALID IN THE SAM DATABASE, THAT YOU IMMEDIATELY BEGIN THE PROCESS. This solicitation document and incorporated provisions and clauses are those in effect through: Federal Acquisition Circular 2024-05, 05/22/2024 Defense Federal Acquisition Regulation Public Notice 03/26/2024 Department of the Air Force Federal Acquisition Circular 07/07/2023 This Requirement is Set Aside as Total Small Business The North American Industry Size Classification System (NAICS) code associated with this requirement is 334516, with a Small Business Size Standard of 1,000 employees Requirement Information Place of Delivery/Performance/Acceptance/FOB Destination: 145th Airlift Wing 4930 Minuteman Way Charlotte, NC 28208 CLINS 0001 See attachment for description Qty-1 Ea Instructions to Offerors FAR provision 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein: Quoted amounts need to be net prices without tax. Prices must include delivery to the 145th Airlift Wing at 4930 Minuteman Way, Charlotte, NC 28208 The Government reserves the right to award on an "All or None" basis. Quotes shall be submitted in U.S. Dollars only. The Government reserves the right to reject quotes that are not received by the response deadline. Provide Quote Expiration Date, Best Delivery Date, and any Discount Terms. Quotes, attachments, and all other correspondence as listed in this solicitation must be emailed to both points of contact (POCs) All questions are to be submitted in writing by 13 March 2025 by 1400hrs (10:00 am) EST; any questions submitted after this date might not be answered. Quotes are due: 19 March 2025 by 1400 hrs (2:00 pm) EST. Quotes are required to be valid until 30 September 2025. Please complete all applicable information below: Delivery Days ARO: UEI #: CAGE Code: FOB: Destination Shipping Weight: N/A Shipping Dimensions: N/A Discount Terms: Terms of standard warranty (include as attachment if needed): Terms and cost of extended warranty (include as attachment if needed): Vendor E-Mail Address: Evaluation Criteria 52.212-2 Evaluation — Commercial Products and Commercial Services, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein to: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, the presents the best value to the Government. Quotes will be evaluated on price and offeror's ability to meet the delivery and specification requirements, to include the salient characteristics listed, of this request for quotation. BASIS OF AWARD: The Gov’t will award a firm-fixed priced contract to the responsible offeror representing the best value to the gov’t, using procurement process where the government selects the offeror that provides the most overall value, considering both price and non-price factors like quality, features, and performance, utilizing a streamlined comparative trade-off evaluation IAW FAR 12.602 & 13.106-2 and the below, which may result in award to other than lowest priced quote. NON-CONFORMING QUOTES: Gov’t may reject any quote not conforming to the solicitation. STANDING PRICE QUOTATIONS: Standing price quotations may be used if needed and deemed in the best interest of the Gov’t. PRICE: Gov’t will record total evaluated prices (to include options). If more than 3 quotes are received, the Gov’t will identify a grouping of the most competitively priced quotes; remaining quotes will not be evaluated further unless later deemed necessary. If after non-price evaluation it is deemed the apparent awardee has unrealistically low or unbalanced pricing, the Gov’t will communicate with the vendor to ensure there was not a mistake in pricing prior to award. If a mistake is claimed, it will be handled IAW FAR 14.407. TECHNICAL: The Government will evaluate the technical proposal requested in 52.212-1, noting significant areas of either concern or value. Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS. Gov’t may deem a quote to be technically acceptable or superior if their technical solution differs from the PWS or does not meet the technical minimums, but ultimately results in a solution that will meet or exceed the intent of the Government’s needs and would involve an acceptable level of risk. PAST PERFORMANCE: Past Performance will be reviewed and may be based on Contracting Officer’s prior knowledge/experience; customer past performance inquiry replies; FAPIIS, or any other reasonable basis. The evaluation of this factor will assess the risk of unsuccessful performance and/or delivery capability of the offeror’s proposed approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the solicitation and any attachments. The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform and/or deliver the required effort described in the solicitation and any attachments. COMMUNICATIONS: The government intends to award without discussions; however, the Government reserves the right to conduct discussions if deemed in the Government's best interest. Only new equipment will be accepted. Re- manufactured or grey market items will not be accepted. All items must include a manufacturer's warranty and be stated in their quote. MULTIPLE AWARDS: Gov’t will not make multiple awards unless circumstances deem it appropriate and in the best interest of the Gov’t. AWARDING WITHIN BUDGET: If deemed necessary to stay within budget, the Gov’t may reduce quantities and reach out to offerors with acceptable or better non-price proposals, requesting they revalidate or update their unit pricing. Alternatively, the Gov’t may cancel the requirement if needed. Clauses and Provisions FAR clause 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services with alternate I applies to this acquisition; the offeror verifies by submission of their offer that the representations and certifications posted at FAR 52.212-3 have been entered or updated electronically via the System for Award Management (SAM) Web site at https://sam.gov in the last 12 months, and are current, accurate, complete, and applicable to this solicitation. FAR clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, applies to this acquisition. FAR clause 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, applies to this acquisition. Federal Acquisition Regulation (FAR) Provisions and Clauses 52.203-3 Gratuities 1984-04 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-22 Alternative Line Item Proposal 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.211-16 Variation in Quantity 52.211-17 Delivery of Excess Quantities 52.211-18 Variation in Estimated Quantity 52.212-1 Instructions to Offerors -- Commercial Items 52.212-2 Evaluation-Commercial Products and Commercial Services 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services Alt I 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program Representation 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside 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 52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.223-5 Pollution Prevention and Right-To-Know Information 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation 52.225-1 Buy American-Supplies 52.225-13 Restrictions on Certain Foreign Purchases (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation 52.232-18 Availability of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-2 Service of Protest 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-15 Stop-Work Order 52.243-1 Changes -- Fixed-Price. 52.247-34 F.o.b. – Destination. DFARS Clauses and Provisions 252.201-7000 Contracting Officer’s Representative Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product. 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.204-7022 Expediting Contract Closeout 252.204-7024 Notice on the Use of the Supplier Performance Risk System 252.205-7000 Provision of Information to Cooperative Agreement Holders 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a country that is a state sponsor of terrorism 252.211-7003 Item Unique Identification and Valuation 252.211-7008 Use of Government-Assigned Serial Numbers 252.215-7007 Notice of Intent to Resolicit 252.215-7008 Only One Offer 252.215-7013 Supplies and services provided by nontraditional defense contractors 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7001 Buy American and Balance of Payments Program—Basic 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7012 Preference for Certain Domestic Commodities. 252.225-7041 Correspondence in English. 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States 252.225-7048 Export-Controlled Items. 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 252.225-7974 (Class Deviation 2020-O0005), Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime 252.229-7001 Tax Relief Alternate I 252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 252.232-7006 Wide Area Work Flow Payment Instructions. 252.232-7010 Levies on Contract Payments. 252.243-7001 Pricing of Contract Modifications. 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Products or Commercial Services. 252.244-7001 Alternate I Contractor Purchasing System Administration. 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. 252.246-7008 Sources of Electronic Parts 252.247-7023 Transportation of Supplies by Sea. The following provisions and clauses are hereby included by full text: 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ (End of provision) 52.252-2, Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/ (End of clause) 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: [Contracting Officer check as appropriate.] __ (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). __ (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]. __ (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). __ (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] X (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. __ (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). __ (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)). X (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). X (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). X (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). X (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.) __ (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.). __ (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. X (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). __ (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). __ (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). X (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: [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). X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). X (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...