Inactive

Request for Quote FEMA 70FBR619Q00000043 Lease of Fuel Tank and Fuel Deliveries This is a combined synopsis/solicitation for commercial items / non-personal services prepared in accordance with the fo... Request for Quote FEMA 70FBR619Q00000043 Lease of Fuel Tank and Fuel Deliveries This is a combined synopsis/solicitation for commercial items / non-personal services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number 70FBR619Q00000043 is issued as a Request for Quote (RFQ) to fulfill a requirement at Beeville, Texas. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02TA. The anticipated period of performance is 6 months from date of award, with two (2) six-month option periods. This RFQ is being ammended to reflect that it is now Full & Open and no longer a small business set aside. This solicitation is for local businesses in accordance with the Robert T. Stafford Act (42 U.S.C. 5150), and FAR 26.2 Disaster or Emergency Assistance Activities, and is set-aside for Small Businesses that reside or primarily do business within the disaster declared Texas counties of: Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, Wharton Location: The leased fuel tanks and deliveries will take place at 2745 Byrd Street, Beeville, TX 78102. Items Full Description and terms listed within the Attachment 70FBR619Q00000043 and SOW Items: 0001 Fuel Tank Initial Set up Fee & Pickup Upon Completion 2 EA 0002 Storage Tank Lease 6 MO 0003 Fuel Delivery Cost 6 MO 0004 Fuel Cost 6 MO 0005 Rental or Purchase of Pump, Hoses, and Nozzle 1 EA one time fee for pump, auto shut off, metered 0006 Maintenance Fee to include parts - per 6 months 1 EA 0007 Charge for fuel pump out of 2 fuel tank(s) at pickup 1 EA 1002 Option Period 1 - Storage Tank Lease 6 MO 1003 Option Period 1 - Fuel Delivery Cost 6 MO 1004 Option Period 1 - Fuel Cost 6 MO 2002 Option Period 2 - Storage Tank Lease 6 MO 2003 Option Period 2 - Fuel Delivery Cost 6 MO 2004 Option Period 2 - Fuel Cost 6 MO Period of Performance: One- 6 month base from time of award with two six-month Option Periods Estimated start base period 6/6/2019 to 12/5/2019 (Will be adjusted based on Award and Agreed upon Delivery) The purchase order will be awarded to a responsible contractor who provides the "Lowest-Priced-Technically-Acceptable" (LPTA). The following factors will be used to evaluate quotes: Technical Acceptability 1) Minimum requirements are listed in the attached Statement of Work, (SOW), and are incorporated into this solicitation. 2) Preference will be given to those small businesses that reside in the DR-4332-TX Declared Disaster Area and will be verified prior to selection. Attachment 1 Disaster Area Set-Aside1 FAR 52.226-3(b)- Disaster or Emergency Area Representation (Nov 2007); FAR 52.226-4 - Notice of Disaster or Emergency Area Set-Aside (Nov 2007; FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area; FAR 52.212-3 - Offerors Representations and Certifications - Commercial Items (Oct 2018) Note- A positive response to questions proposed in Attachment 1 Disaster Area Set-Aside will only be considered. Non-Responsiveness to the questions will be considered a "No Bid response". Non-local vendors are welcomed to bid, however local preference will be given to local vendors residing or primarily doing business in the disaster affected area DR4332TX which will be verified prior to selection for award. 3) Past Performance must be in good standing and eligible to receive an award. 4) Contractor must have an active registration in the System for Award Management (SAM) and have a valid Dun and Bradstreet number (DUNS) https://www.sam.gov. 5) Contractor must NOT have an exclusion in the Exclude Parties List System (EPLS) and are not listed on the list of parties excluded from the Federal Procurement or otherwise ineligible to receive an award. 6) Price will be evaluated for reasonableness. All proposals shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Oct 2018). Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Oct 2018), shall list your DUNS number or, CAGE code, Company name, Point of Contact and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. Lack of registration in the SAM database will make an offeror ineligible for award. In accordance with FAR 52.212-2 (Oct 2014), the Government intends to make an award to the Contractor who submits the Lowest Price Technically Acceptable (LPTA) quote and deemed responsive and responsible by the Contracting Officer. Offeror must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this procedure. Award decision will be based on the lowest evaluated price from the responsible offeror whose quote is "responsive" and found technically acceptable. Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate quotes and award a contract with or without informal discussions. Therefore, each initial quotation should contain the offerors best terms from a technical capability, and price standpoint. However, the Government reserves the right to conduct informal discussions if it is later determined by the Contracting Officer to be necessary. The contractor must provide Point of Contact (POC). The name of the POC, email and telephone number must be submitted with their quote/offer. Contractor Name: POC: Telephone #: E-mail address: Questions in regard to this Solicitation will be allowed via email until 30 May 2019 at 15:00 hours CST. Please respond with quotes by 3 June 2019 at 15:00 hours CST. Quotes are to be signed, dated and emailed to Contracting Officer at Bryon.Nolan@fema.dhs.gov. All questions about this request for quote to the Contract Specialist at the email address listed above. Responses should be marked with Solicitation Number 70FBR619R00000043 on both the quote and in the subject line of the email. SUPPLIES OR SERVICES Items are listed for quote as shown on attachment 70FBR619Q00000043 Note: Offeror's may use another format for submission of quotes. However, all quotes shall contain the minimum information required under Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offeror's, Commercial Items (Oct 2018). A - Solicitation/Contract Form 52.204-17 Ownership or Control of Offeror. (JUL 2016) (a) Definitions. As used in this provision- Commercial and Government Entity (CAGE) code means- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: [ ] Immediate owner legal name: [ (Do not use a "doing business as" name)] Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No. (d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: [ ] Highest-level owner legal name: [(Do not use a "doing business as" name)] (End of provision) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (JUN 2016) 52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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 (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) (Reserved) [X] (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). [ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). [ ] (10) (Reserved) [ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [ ] (ii) Alternate I (NOV 2011) of 52.219-3. [ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [ ] (ii) Alternate I (JAN 2011) of 52.219-4. [ ] (13) (Reserved) [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [ ] (ii) Alternate I (NOV 2011). [ ] (iii) Alternate II (NOV 2011). [ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). [ ] (ii) Alternate I (OCT 1995) of 52.219-7. [ ] (iii) Alternate II (MAR 2004) of 52.219-7. [X] (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 (AUG 2018) (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 (NOV 2016) of 52.219-9. [ ] (v) Alternate IV (AUG 2018) of 52.219-9. [X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)). [ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). [ ] (ii) Alternate I (FEB 1999) of 52.222-26. [X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [ ] (ii) Alternate I (JUL 2014) of 52.222-35. [X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [ ] (ii) Alternate I (JUL 2014) of 52.222-36. [X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(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). [ ] (34) 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.) [ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated 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.) [ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [X] (38)(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. [ ] (39)(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. [X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). [ ] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). [ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [ ] (ii) Alternate I (JAN 2017) of 52.224-3. [X] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [ ] (47)(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. [ ] (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (49) 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). [ ] (50) 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). [X] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [X] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332). [ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). [ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [ ] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [ ] (60)(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.) [X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (4) 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). [X] (5) 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). [ ] (6) 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). [ ] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [X] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, 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) of this paragraph 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 (OCT 2015) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xviii) 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. (xx) 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). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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). 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (SEP 2012) As prescribed in (HSAR) 48 CFR 3012.301, insert the following clause: CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) - The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] (a) Provisions. __X___3052.209-72 Organizational Conflicts of Interest. _____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. _____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protege Program. (b) Clauses. _____3052.203-70 Instructions for Contractor Disclosure of Violations. _____3052.204-70 Security Requirements for Unclassified Information Technology Resources. __X___3052.204-71 Contractor Employee Access. _____Alternate I __X___3052.205-70 Advertisement, Publicizing Awards, and Releases. _____3052.209-73 Limitation on Future Contracting. _____3052.215-70 Key Personnel or Facilities. _____3052.216-71 Determination of Award Fee. _____3052.216-72 Performance Evaluation Plan. _____3052.216-73 Distribution of Award Fee. _____3052.217-91 Performance. (USCG) _____3052.217-92 Inspection and Manner of Doing Work. (USCG) _____3052.217-93 Subcontracts. (USCG) _____3052.217-94 Lay Days. (USCG) _____3052.217-95 Liability and Insurance. (USCG) _____3052.217-96 Title. (USCG) _____3052.217-97 Discharge of Liens. (USCG) _____3052.217-98 Delays. (USCG) _____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) _____3052.217-100 Guarantee. (USCG) _____3052.219-70 Small Business Subcontracting Plan Reporting. _____3052.219-71 DHS Mentor Protege Program. _____3052.228-70 Insurance. _____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) _____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) _____3052.228-92 Fair Market Value of Aircraft. (USCG) _____3052.228-93 Risk and Indemnities. (USCG) _____3052.236-70 Special Provisions for Work at Operating Airports. __X___3052.242-72 Contracting Officer's Technical Representative. _____3052.247-70 F.o.B. Origin Information. _____Alternate I _____Alternate II _____3052.247-71 F.o.B. Origin Only. __X___3052.247-72 F.o.B. Destination Only. (End of clause) B - Supplies or Services/Prices C - Description/Specifications NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.). 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and pen...