Inactive Total Small Business Set-Aside (FAR 19.5)

Summary: The Tennessee Army National Guard (TNARNG) Purchasing and Contracting Office for the United States Property and Fiscal Office (USPFO) TN located at 3041 Sidco Dr. Nashville, TN, is issuing a ... Summary: The Tennessee Army National Guard (TNARNG) Purchasing and Contracting Office for the United States Property and Fiscal Office (USPFO) TN located at 3041 Sidco Dr. Nashville, TN, is issuing a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quote are being requested and a written solicitation will not be issued. The North American Industry Classification System (NAICS) Code for this requirement is 333924 - Trucks, Four Wheel Drive Utility Manufacturing with a size standard of 750 People. This document incorporates provisions and clauses that are in effect through the Federal Acquisition Circular (FAC) 2021-05, effective 10 March 2021. This solicitation is a small business set aside. The Government intends to award a Firm Fixed price contract. Questions will be submitted no later than Wednesday, May 19, 2021 at 4:00 pm local central time. Quotes are due in this office no later than Tuesday, June 1 2021, 2 P.M. Central Time. Point of Contact referencing this solicitation is Eric A. Bolin at eric.a.bolin@mail.mil, phone numr 615-313-0781. Summary: The Tennessee Army National Guard (TNARNG) Purchasing and Contracting Office for the United States Property and Fiscal Office (USPFO) TN located at 3041 Sidco Dr. Nashville, TN, is issuing a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quote are being requested and a written solicitation will not be issued. The North American Industry Classification System (NAICS) Code for this requirement is 333924 - Trucks, Four Wheel Drive Utility Manufacturing with a size standard of 750 Employees. This document incorporates provisions and clauses that are in effect through the Federal Acquisition Circular (FAC) 2021-05, effective 10 March 2021. This solicitation is a small business set aside. The Government intends to award a single Firm Fixed price contract. Questions will be submitted no later than Wednesday, May 19, 2021 at 4:00 pm local central time. To support TY21 XCTC exercise, the Tennessee Army National Guard has a need for the following items: DESCRIPTION OF REQUIREMENTS Item #1 Description of Requirement: 36K Forklift Quantity: 2 Rental Period: 12 JUN thru 13 AUG 2021 Location: TA-40 Salient Characteristics: Minimum lift capacity of 36,000 lbs. Vendor must provide initial lubricates, engine fluids and hydraulic fluid for each fork lift. Must be able to operate on rough terrain such as: muddy, sandy, rocky terrain and up and or down hills, and unapproved surfaces. The forks must be able to fit into the slots of a 20FT container for lifting purposes. The fork must be a minimum of 10 inches wide and a maximum of 12 inches wide. Fork lift fork must be adjustable left to right as a pair and each individual fork must have side adjustment. Must have the 4-wheel drive option rough movement of rough terrain. Must be able to extend to a Minimum of 18 ft. high. DIESEL FUEL (F24) CAPABILITY REQUIRED. Must have backup alarm system Must have light mounted on front carriage Must come with 2 sets of keys. Must have mounted fire extinguisher (ABC Type) Training: Vendor must train unit operators as part of initial inspection and acceptance of equipment. Maintenance Support: Forklifts must come with service plan for maintenance. Vendor must be able to replace the forklift within 8 hours. If the vendors service maintenance can’t get fork lift running after 8 hours of down time the forklift will be replaced. Item #2 Description of Requirement: 6K Forklift Quantity: 2 Rental Period: 6 JUL thru 6 AUG 2021 Location: TA-60 Salient Characteristics: Minimum lift capacity of 6,000 lbs. Vendor must provide initial lubricates, engine fluids and hydraulic fluid for each fork lift. DIESEL FUEL (F24) CAPABILITY REQUIRED. Must have backup alarm system Must have light mounted on front carriage Must come with 2 sets of keys. Must have mounted fire extinguisher (ABC Type) Must be able to operate on rough terrain such as: muddy, sandy, rocky terrain and up and or down hills, and unapproved surfaces. Training: Vendor must train unit operators as part of initial inspection and acceptance of equipment. Maintenance Support: Forklifts must come with service plan for maintenance. Vendor must be able to replace the forklift within 8 hours. If the vendors service maintenance can’t get fork lift running after 8 hours of down time the forklift will be replaced. SHIPPING INFORMATION: TN Army National Guard ATTN: MSG Gregory Rinks In the vicinity of Building 89013 Quartermaster Lane Fort Hood, TX 76544 Specific Locations in the Fort Hood training areas noted in the description of requirements (TA-40 / TA-60) Hours of delivery: (see above for specific dates) 0700-1530 CST Tel. number: (731) 618-1543; e-mail address: gregory.w.rinks.mil@mail.mil Set-Aside Requirement Small Business Set-Aside Buy Terms To be considered for award must meet or exceed the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the item by: (i) Brand name, and (ii) Make or model number; Include descriptive literature such as illustrations, drawings, or a clear reference to furnished descriptive data or other pertinent information available to the Contracting Officer; and CLEARLY DESCRIBE any and all modifications the alternative product has. Also CLEARLY DESCRIBE any changes the offeror plans to make in a products or shipping to make it conform to the solicitation requirements. Mark up any and all descriptive material to clearly show the modifications. The Government shall perform a technical analysis of offerors proposal must meet or exceed specifications identified in the description of requirements. CPARS/FAPIIS Records. Must be active in System of Award Management (SAM) as of the date of submission. Best value Fill in and submit the 52.204-24 clause form. Any features, capabilities, and/or spares included with requirement standards The Contracting Officer will evaluate better products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is NOT responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is a better product, the offeror must provide the brand name product referenced in the solicitation. Award will be determined by product compatibility with salient characteristics, best value for the government, and delivery/installation terms. Offeror MUST provide Tax ID, DUNNS #, and CAGE Code with quote. SAM registration is also a requirement and may displace award if the vendor is not current. It is not required to supply a copy of SAM with quote. The current DUNS number is sufficient; see https://www.sam.gov/portal/public/SAM/ to check/update your company's status. All prices must be inclusive of charges. Quotes are due in this office no later than Wednesday 26 May 2021, 2 P.M. Central Time. Vendor must submit invoice via Wide Area Workflow (WAWF) - https://wawf.eb.mil/ Vendor must specify ETA of delivery of product. WARRANTY – Must be included in price. SHIPPING – FOB Destination. Delivery and Shipping Information Delivery Days: Delivery no later than one pay prior to the rental period identified in the description of requirements. Point of Contact referencing this solicitation is Eric A. Bolin at eric.a.bolin@mail.mil, phone number 615-313-0781. CLAUSES INCORPORATED BY FULL TEXT 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) 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". (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2020) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 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)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109- 282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). _(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). (ii) Alternate I (MAR 2020) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (MAR 2020) of 52.219-4. (13) [Reserved] _ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-6. (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-7. _ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). (ii) Alternate I (NOV 2016) of 52.219-9. (iii) Alternate II (NOV 2016) of 52.219-9. (iv) Alternate III (JUN 2020) of 52.219-9. (v) Alternate IV (JUN 2020) of 52.219-9. (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (ii) Alternate I (MAR 2020) of 52.219-13. X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). _ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). _ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). (ii) Alternate I (FEB 1999) of 52.222-26. (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ii) Alternate I (JUL 2014) of 52.222-35. (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (ii) Alternate I (JUL 2014) of 52.222-36. (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (MAY 2014) of 52.225-3. (iii) Alternate II (MAY 2014) of 52.225-3. (iv) Alternate III (MAY 2014) of 52.225-3. _ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150 (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332). X (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (APR 2003) of 52.247-64. (iii) Alternate II (FEB 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) __(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). __(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). 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. 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 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.) 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) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. 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. 23...