PA19 AMMUNITION CONTAINER
DESCRIPTION This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this no... DESCRIPTION This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; proposals are being requested and a formal solicitation will NOT be issued. This is a Request for Quotation (RFQ) using FAR Part 12, Acquisition of Commercial Items; the Solicitation Number is W519TC23QACAN for the Ammunition Containers. The technical specifications are found in Drawing 8865542 Rev M. The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04. FAR Clause 52.204-27, Prohibition on a ByteDance Covered Application, Dated Jun 2023, has been incorporated in accordance with OMB Memorandum M-23-13. The clause can be found at FAR 52.212-5(a)(8). The NAICS code for this procurement is 332999 (All Other Miscellaneous Fabricated Metal Product Manufacturing). The small business size standard for this NAICS is 750 employees. The Product Service Code is 8140 (Ammunition and Nuclear Ordnance Boxes, Packages, and Special Containers). Offerors must be registered within the System for Award Management (SAM) databased at time of response to this solicitation. The website for SAM is https://www.sam.gov/. ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL DESCRIPTION OF REQUIREMENT CLIN 0001: First Article Testing (FAT) Ammunition Containers Quantity: 10 each CLIN 0002: Production Qty Ammunition Containers Quantity: 6,240 each In accordance with Drawing 8865542 Rev M, as found in Attachment 0001 Drawing 8865541 Rev M PA19 Ammunition Container, Attachment 0002 MIL-DTL-3060G (AR) and Attachment 0003 TDPL8865541 Rev 20. The Performance Oriented Packaging (POP) Report is required for each shipment. POP testing will be in accordance with 49 CFR, Subpart M:178.600. The following testing requirements per 178.601(1), will be performed: (1) Drop Test Part 178.603 (*1.2 meters drop height) (2) Stacking Test Part 178.606 (3) Vibration Test Part 178.608 (4) Preparation of packaging and packages for testing Part 178.602 A Certified Material Analysis is required for each item for delivery. See Attachment 0008. TYPE OF ACQUISITION AND CONTRACT This acquisition is issued as Full and Open. Award will be made using Low Price Technically Acceptable (LPTA) Source Selection procedures resulting in a single award Firm Fixed Price Purchase Order. DELIVERY AND LOCATION CLIN Description Suggested Lead Time 0001 Ammunition Containers; 10 each 6 Weeks After Award 0002 Production Qty: Ammunition Containers; 6,240 each 6 Weeks After FAT Acceptance NOTE: A shipment of 384 each delivered 6 weeks after FAT acceptance followed by monthly shipments of 1,056 each, until a quantity of 6,240 has been shipped/ delivered. Early deliveries of the FAT and/ or Production Quantity are acceptable at no additional cost to the Government. Delivery will be FOB Destination at the following address: Crane Army Ammunition Activity Building 148 300 Highway 361 Crane, IN 47522-5001 CRANE ARMY AMMUNITION ACTIVITY DELIVERY INSTRUCTIONS CAAA receiving hours are 0700-1430, Mon – Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away. PACKAGING AND MARKING REQUIREMENTS Preservation, Packaging, and Packing shall be in accordance with ASTM D 3951 (Commercial Packaging). Each shipment shall be marked with an identifiable Lot Number. This Lot Number shall be created in accordance with Attachment 0004. The Lot Number shall also be included on the Certificate of Analysis as found in Attachment 0009. INSPECTION AND ACCEPTANCE Inspection will be completed by the Local Defense Contract Management Agency (DCMA) at Source (Contractor’s Facility). Acceptance will be completed by CAAA. Acceptance will be based on Kind, Count, and Condition. QUOTE SUBMISSION REQUIREMENTS Offerors shall submit the following in response to this solicitation: Price – Offerors must submit Completed Pricing Sheet at Attachment 0005. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places. Completed Clause at Attachment 0006 – FAR 52.204-24, paragraph (d)(1) and (d)(2) Completed Provisions at Attachment 0007 – FAR 52.212-3 Alt 1, paragraph (b) only. BASIS FOR AWARD Award will be made to the offeror who provides the lowest Total Evaluated Price, who is deemed responsible and who is compliant with all the requirements of this solicitation. Total Price is calculated as: CLIN 0001 Price plus CLIN 0002 Price = Total Evaluated Price. In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions. LISTING OF ATTACHMENTS Attachment 0001 - Drawing 8865541 Rev M PA19 Ammunition Container Attachment 0002 - MIL-DTL-3060G (AR) Attachment 0003 - TDLP8865541 Rev 20 Attachment 0004 - Lot Number Instructions Attachment 0005 - Price Sheet Attachment 0006 - FAR 52.204-24 Attachment 0007 - FAR 52.212-3 Alt 1 Attachment 0008 - FAR 52.246-15 Certificate of Conformance Attachment 0009 - Certificate of Analysis DEADLINE FOR SUBMISSION Offers are due on 07 August 2023 no later than 12:30 PM Central Time. Offers shall be submitted in the following way: Electronically via email to the Contract Specialist, Bridget Garnica, bridget.m.garnica.civ@army.mil and Contracting Officer, Cindy Wagoner, cindy.k.wagoner.civ@army.mil. Offerors shall include “W519TC23QACAN Response – [Insert Offeror’s Name]” within the Subject line. QUESTIONS Questions shall be submitted in the same manner as Offers, electronically via email to the Contract Specialist and Contracting Officer listed above. **Note: Interested offerors must submit any questions concerning this solicitation at the earliest time possible, to enable the Buyer to respond. Questions not received within a reasonable time prior to close of the solicitation may not be considered. End of Addendum 52.212-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision) FAR 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): http://farsite.hill.af.mil (End of clause) SOLICITATION PROVISIONS The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquisition.gov. FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services FAR 52.212-2 Evaluation – Commercial Products and Commercial Services FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-17 Ownership or Control of Offeror (AUG 2020) FAR 52.204-20 Predecessor Offeror (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) – See Attachment 0005 FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services – Alternate I (OCT 2014) – See Attachment 0006 FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016) FAR 52.232-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation (DEC 2019) DFARS252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation (MAY 2021) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022) DFARS 252.204-7055 Representation Regrading Business Operations with the Maduro Regime (MAY 2022) The following provisions are provided in full text: 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION (OCT 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) CLAUSES The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquisition.gov. FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information System (NOV 2021) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 Requirements to Inform Employee of Whistleblower Rights (DEC 2022) DFARS 252.204-7012 Safeguarding Covered Defense Information for Litigation Support (JAN 2023) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunication Equipment or Services (JAN 2023) DFARS 252.223-7008 Prohibition on Hexavalent Chromium (JAN 2023) DFARS 252.225-7001 Buy American and Balance of Payments Program – Basic (JAN 2023) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7048 Export – Controlled Items (JUN 2013) DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) DFARS 252.244-7000 Subcontracts for Commercial Items (JAN 2023) DFARS 252.247-7023 Transportation of Supplies by Sea – Basic (JAN 2023) The following clauses are provided in full text: 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUN 2023) (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 and Other Covered Entities (Nov 2021) (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: __ (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.) 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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). X (9) 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). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (11) [Reserved]. __ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). X (13) 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). __ (14) [Reserved] __ (15) (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. __ (16) (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. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)). __ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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. __ (19) (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. __ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). X (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (24) 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)). __ (25) 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)). __ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. X (32) (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 (33) (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 (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (36) (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). __ (37) 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.) __ (38) (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.) __ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (41) (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. __ (42) (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. __ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b). __ (44) (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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (47) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. X (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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 (Jan 2021) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (52) 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). __ (53) 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). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __ (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). X (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) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 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). (v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xiv) (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). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) (a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. “Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall— (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the tra...
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