KEEL COOLER
RFQ: 70Z08522Q40447B00 THE USCG SURFACE FORCES LOGISTICS CENTER, LRE PRODUCT LINE HAS A REQUIREMENT TO PROCURE THE ITEM NOTED BELOW. QUOTES MAY SUBMITTED BY EMAIL TO KATHLEEN.M.LECHERT@USCG.MIL. THE C... RFQ: 70Z08522Q40447B00 THE USCG SURFACE FORCES LOGISTICS CENTER, LRE PRODUCT LINE HAS A REQUIREMENT TO PROCURE THE ITEM NOTED BELOW. QUOTES MAY SUBMITTED BY EMAIL TO KATHLEEN.M.LECHERT@USCG.MIL. THE CLOSING DATE AND TIME FOR RECEIPT OF QUOTE IS 24 AUGUST 2022 at 12:00 pm EST. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The NAICS code for this solicitation is 423690. This synopsis/solicitation is issued pursuant to FAR 6.203-1 and HSAM 3006.302-1. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13.5. FAC 2022-06 dtd 06/30/202. THIS ACQUISITION IS 100% SET ASIDE FOR SMALL BUSINESS All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid UEI number and be registered with System for Award Management (SAM) and shall provide the company Tax Information Number (TIN) with their offer. Substitute part numbers are NOT acceptable. It is anticipated that purchase order shall be awarded as a result of this synopsis/solicitation. The items are used on various US Coast Guard vessels. Substitute part numbers are NOT acceptable. AWARD WILL BE BASED ON AN ALL OR NONE QUOTE. ITEM #1: NSN: 2040 01-F11-2290 DESCRIPTION: KEEL COOLER PART NUMBER: SC-216DP-63 DESCRIPTIVE DATA: WLR 65 DURACOOLER PART NUMBER SC-216DP-63, USED FOR WLR-65/75 AND WLIC-75 GENERATORS. SIZING NO: SC1597JL INDIVIDUALLY PACKAGE IN ACCORDANCE WITH MILSTD- 2073-1 E METHOD 10, CUSHIONED IN A DOUBLE LAYER OF 3/4" BUBBLE WRAP AND PACKED IN AN APPROPRIATELY SIZED ASTM-D6251 TYPE III, CLASS 1 WOOD-CLEATED PANELBOARD SHIPPING BOX OR ASTM-D6880 CLASS 2 HEAVY DUTY SCREWED WOODEN BOX, ASSEMBLED COMPLETELY WITH WOOD SCREWS. SECURELY ATTACH AN ITEMIZED PACKING LIST TO THE OUTSIDE OF THE BOX. STENCIL THE FOLLOWING MARKING ON TWO OPPOSITE SIDES OF THE CRATE ON A WHITE CONTRASTING BACKGROUND, IAW MIL-STD-129R. BAR CODING TO BE IAW ISO/IEC-16388-2007, CODE 39 SYMBOLOGY. ONLY THE NSN NEED BE BAR CODED. DATE OF MANUFACTURE: (PLEASE ENTER DATE)(THE WORDS) "COAST GUARD SFLC MATERIAL CONDITION (A)" MANUFACTURER NAME: DURAMAX, INC. INDIVIDUALLY PACKAGED IN ACCORDANCE WITH MIL-STD-2073-I E METHOD 10, USING WEATHERRESISTANT PAPERBOARD FOLDING WITH WATERPROOF BARRIER MATERIALS AND CUSHIONED, AS NEEDED IN BUBBLE-WRAP, BAGGED AND PACKED IN AN APPROPRIATELY SIZED ASTM-D5118 DOUBLE-WALL FIBERBOARD BOX. BAG CLOSURE SHALL BE EFFECTED BY HEAT-SEALING, ADHESIVES, OR TAPING. OTHER TYPE BAG CLOSURES SUCH AS PRESSURE-FIT, ZIPPER, AND OTHERS, ARE ACCEPTABLE. PLACED INSIDE OF BAG SHALL BE DESICCANT IN ACCORDANCE WITH TYPE II OR III OF MIL-D-3464. MARKING IAW MIL-STD-129R & BAR CODING IAW ISO/IEC-16388-2007, CODE 39 SYMBOLOGY. PRESERVATION, PACKING, & MARKING SHALL BE IN ACCORDANCE WITH SPECIFICATIONS: PRESERVE/PACK IAW MIL-STD-2073-1E CHG 4 METHOD 10 DATED: 04/22/20 MARK IAW MIL-STD-129 INDIVIDUAL PACK & MARK ___YES ___NO BAR-CODE___YES ___NO QTY:_4_ EA UNIT PRICE $________________ TOTAL $_________________ COAST GUARD’S REQUIRED DELIVERY DATE: ON or before 10/21/22 VENDORS PROMISED DELIVERY: ____________________________ARO The item(s) is/are used on various US Coast Guard vessels. Substitute part numbers are NOT acceptable. Inspection and acceptance shall take place at Destination after verification of preservation, individual packaging and marking requirements and confirmation of no damage during transit. Failure to comply with packaging requirements will result in rejection and nonpayment. CREDIT CARD: _____YES_____NO PURCHASE ORDER: _____YES_____NO PAYMENT TERMS: ______________ SMALL BUSINESS: ___YES ___NO VENDOR NAME: ______________________________________________ VENDOR ADDRESS: ______________________________________________ _______________________________________________ VENDOR POC: ____________________________________________________ PH: _________________________________ FAX: ________________________ EMAIL: ___________________________________________________________ *TIN NO: ____________________________________ (Required – Must be Included) *DUNS NO: __________________________________ (Required – Must be Included) ACTIVE IN SYSTEM FOR AWARD MANAGEMENT (REQUIRED FOR AWARD) (www.sam.gov): _______YES ________NO Part covered under GSA Contract _____YES______NO (if yes, mark below) CONTRACT NUMBER: ______________________ Note: FOB Destination pricing is preferred, however, if item quoted is not FOB Destination quotation must include as a separate line item for the following: * Estimated shipping: $___________ (MUST BE INCLUDED, if not FOB Destination) *If FOB Origin pricing (City, State): ______________________________________ *SHIP TO: United States Coast Guard SFLC Receiving Room – BLDG 88 2401 Hawkins Point RD Baltimore, MD 21226 NOTE: PRESERVATION, PACKING, & MARKING SHALL BE IN ACCORDANCE WITH SPECIFICATIONS: AS NOTATED ABOVE WITH SPECIFIC ITEM It is anticipated that a purchase order shall be awarded as a result of this synopsis/solicitation. THIS AWARD WILL BE BASED ON PRICE. All material must be shipped to U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Receiving Room- BLDG 88, Baltimore, MD, 21226 for this Purchase Order. Material must be accompanied by an itemized packaging list securely attached to the outside of the shipment. All packing lists shall cite the Purchase Order Number with the packaging in such a manner to ensure identification of the material provided. Material shall be packed for shipment using Military Packaging, for examples in packaging please reference MIL-STD-2073-1E. Material must be packaged in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply course to Surface Forces Logistics Center locations. Packaging shall provide adequate protection for warehouse storage and shipments from the warehouse. All material shall be marked in accordance with MIL-STD-129R and barcoded unless otherwise authorized by the Contracting Officer. All material will have the Purchase Order Number, National Stock Number (if applicable), Vendor name and Part Number clearly marked on the exterior of all material shipped. All Deliveries are to be made Monday through Friday between the hours of 7:00AM to 1:00PM. Invoicing In IPP It is now a requirement that all invoicing for Purchase Orders will now be entered and processed through https://www.ipp.gov. If you do not have an IPP account to invoice please inform the buyer and Contracting Officer that supplied you the order. When you inform them that you do not have an account please include the following: Entity Name Unique Entity ID (New 12 Character Alpha-Numeric ID that replaced duns in SAM’s) The POC for invoicing including email and phone number Once you have an account set up you will have to submit a Non-PO invoice to the Payer SFLC-Yard in IPP. This is because our system is unable to upload the PO into the system like the rest of the Coast Guard. To submit a Non-PO invoice please use the below directions: Submitting an Invoice: 1. Once logged in IPP Collectors will see a tab at the top that states Invoices, select that 2. In Invoices Collectors will see 3 buttons, click the Create Invoice button 3. Under Type Collectors need to select Blank Form 4. Under Payer Name all Collectors should see Coast Guard SFLC-Yard, select that 5. Agency and Bill To Address will Auto Fill 6. Select the Template Non-PO Based Invoices 7. Click OK 8. On the Next Page Collectors need to complete the following information from the PO Invoice Number Payment Terms (Net 30) PO Number and Contract Number will both use the PO number for the order (This is for SAP orders only). Buyer Contact Info FOB Terms (Destination unless otherwise stated) For the Part number enter the line item it is from the Purchase Order For the Description enter the NSN from the PO (XXXX-XX-XXX-XXXX) or 1st line of the description from the line item if it’s a service Enter the Unit Price, quantity and Unit of Measurement (For example EA or PG). If it is a service provided please ensure the Period of Performance is entered and valid. Then click the box of the left for each line you entered. 9. Click Save as Draft in the Top Right (If you are not done entering info) 10. Click Submit in the Top Right *Note: Per Fincen you do not have to attach your invoice to IPP. If you encounter any errors or questions when submitting invoices in IPP for this order please contact the Contracting Officer. OFFERORS MUST SUBMIT THE FOLLOWING INFORMATION ON THEIR QUOTE: Disclosure: The Offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) The following FAR Clauses provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors-Commercial Items (OCT 2018); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (OCT 2018) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote. The following FAR Clauses apply to this solicitation. Offeror may obtain full text versions of these clauses electronically at www.ecfr.gov 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2019) Title 48: Federal Acquisition Regulations 3052.209-70 Prohibition on contracts with corporate expatriates The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. 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 https://www.acquisition.gov/browse/index/far. I do go through the ARM to the link to the FAR, etc., to ensure I am accessing the latest version of the regulations. Number Title Date 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERICAL ITEMS SEP 2021 52.212-2 EVALUATION – COMMERCIAL ITEMS OCT 2014 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS FEB 2021 52.212-4 CONTRACT TERMS AND CONDITIONS OCT 2018 COMMERCIAL ITEMS 52.247-34 F.O.B. DESTINATION NOV 1991 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (SEP 2021) (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.] __(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (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). __ (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 (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 (Sep 2021) of 52.219-4. __ (13) [Reserved] (14) X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644). __ (ii) Alternate I (Mar 2020). __ (iii) Alternate II (Nov 2011). (15) __ (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Jan 2017) 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 (Mar 2020) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (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 (Sep 2021) (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 (June 2003) (E.O.11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (28) X(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. (29) __ (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). __ (ii) Alternate I (July 2014) of 52.222-35. (30) _X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). __ (ii) Alternate I (Jun 2020) of 52.222-36. __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33) X (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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). (Executive Order 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) _X_ (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.) __ (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 (Jun2016) (E.O. 13693). (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. __ (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 (Jun 2020) (E.O. 13513). __ (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. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (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 (Jan 2021) (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 (Jan 2021) of 52.225-3. (iii) Alternate II (Jan 2021) of 52.225-3. __ (iv) Alternate III (Jan 2021) 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 (Oct 2016) (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). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (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)(13)). (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.] (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495). (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (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). (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (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). (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __ (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) 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 (Sept 2015) (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) (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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.. Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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). (D) 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. (E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793). (I) 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. (J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67). (K) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (L) 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). (M) 52.222-53, Exemption from Application of th...
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