Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

**Amendment A00002 added: Solictation due date extended to Tuesday, July 22, 2025 at 3pm EST** **Amendment A00001 added: Attachment "36C78625Q50302 Questions and Answers"** GENERAL INFORMATION: Docume... **Amendment A00002 added: Solictation due date extended to Tuesday, July 22, 2025 at 3pm EST** **Amendment A00001 added: Attachment "36C78625Q50302 Questions and Answers"** GENERAL INFORMATION: Document Type: Combined Synopsis Solicitation Solicitation Number: 36C78625Q50302 Post Date: 06/18/2025. Original Response Date: 07/18/2025 12:00pm EST Applicable NAICS: 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing Classification Code: J045 Maint – Rep of Plumbing-Heating Eq Set Aside Type: 100% Set Aside Service-Disabled Veteran Owned Small Business Period of Performance: Base: 1 November 2025- 31 October 2026 Option 1: 1 November 2026- 31 October 2027 Option 2: 1 November 2027- 31 October 2028 Option 3: 1 November 2028- 31 October 2029 Option 4: 1 November 2029- 31 October 2030 Issuing Contracting Office: Department of Veterans Affairs National Cemetery Administration, Contract Services 18434 Joplin Road Triangle, VA 22172 Place of Performances: Fort Sam Houston National Cemetery, 1520 Harry Wurzbach Road, San Antonio, TX 78209 Attachments: Attachment A - Price Schedule Fort Sam Houston NC HVAC Maintenance Attachment B - SOW Fort Sam Houston NC HVAC Maintenance Attachment C - SCA Wage Determination 2015-5253 rev 26 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart FAR 12.603 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78625Q50302. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) FAC 2025-04 (eff. 5/12/2025). NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE: The (NAICS) code for this procurement is 333415. The business size standard number of employees is 1,250. This notice shall not be construed as a commitment by the government to ultimately award a contract, nor does it restrict the government to a particular acquisition approach. The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a single award definitive quantity contract. This contract is for Fort Sam Houston National Cemetery, 1520 Harry Wurzbach Road, San Antonio, TX 78209. RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contracting Officer no later than 12:00pm EST on 07/18/2025. Responses to this announcement will result in a definitive contract base plus four (4) option years, if exercised. The government intends to make award without discussions. All information submitted in response to this announcement is voluntary and the government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the government. Offerors are responsible for obtaining all amendments or additional information concerning this announcement at sam.gov. SITES VISITS: Interested offerors are encouraged to attend a site visit on July 9, 2025, at 10.00 am CT. Meet the government team at Fort Sam Houston National Cemetery, 1520 Harry Wurzbach Road, San Antonio, TX 78209. SOLICITATION QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than, July 11, 2025, at 12:00pm EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to: brian.werner2@va.gov. Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment. Should an amendment not be endorsed by the interested offeror, the quote will be considered ineligible for award. All questions will be answered via solicitation amendment which will be published to SAM.gov on July 14, 2025. INSTRUCTIONS TO OFFERORS: Interested offerors MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must compete the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to the solicitation closing date. Failure to comply will result in the offeror being considered ineligible. IT IS THE RESPONSIBILITY OF THE OFFEROR TO SUBMIT THEIR BEST OFFER AT THE TIME QUOTES ARE DUE. The guaranteed minimum amount for the life of the contract is $5,000. The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $100,000. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced or if the proposed price for the basic requirement or any option exceeds the amount of funding available for any of those requirements. Evaluation of options shall not obligate the Government to exercise the option(s). Anyone submitting a quote as a Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) socio-economic category concerns MUST have an active/current registration with the SBA Veteran Small Business Certification (Vet Cert) https://veterans.certify.sba.gov Failure to comply will result in the offeror being ineligible for award. IT’S THE RESPONSIBILITY OF THE PROSPECTIVE VENDORS TO READ AND UNDERSTAND THE TERMS AND CONDITIONS PRIOR TO SUBMITTING A QUOTE. ANY DEVIATION FROM ACCEPTING THE TERMS AND CONDITIONS SHALL MAKE YOUR QUOTE INELIGIBLE. QUOTATION PREPARATON INSTRUCTIONS: Contractors are strongly encouraged to follow the following format to submit their package. Offerors shall submit quotes in separate Adobe Acrobat (.pdf) documents identifying each .pdf document as Volume A and Volume B. Company Information (Volume A) The following information shall be included in Volume A: Legal Business/Company Name (as listed in www.sam.gov) Complete Company Address (No P.O. Boxes) Duns Number SAM UEI Company Point of Contract Name and Title Telephone Number Email Address Company Capabilities Statement One (1) Copy State of Texas Air Conditioning and Refrigeration Contractor License. One (1) Signed Copy of all Solicitation Amendments. Failure to comply will result in the offeror being ineligible for award. One (1) Copy of Completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” (if applicable). One (1) copy of Completed FAR Provisions 52.212-3 “Certifications and Representations” or indicate whether contractor has completed the annual representation and certifications electronically at www.sam.gov (copy of current SAM status) One(1) Copy of Completed VAAR Clause 852.219-75 “VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction” Failure to comply will result in the offeror being ineligible for award. In accordance with Public Law 116-183 a Small Business claiming Veterans First Status, Service Disable Veteran Owned Small Business (SDVOSB), or Veteran Owned Small Business (VOSB), must certify in writing that their firm are performing 51 percent of the work. Therefore, Interested Offerors who claim SDVOSB or VOSB status shall provide (1) document stating their compliance with PL 116-183. Failure to comply will result in the offeror being ineligible for award. Should award be made to an SDVOSB or a VOSB who is suspected of violating PL 116-183 this Agency will refer suspected violators to its department’s inspector general for investigation and possible fines, suspensions, or debarments. Pricing (Volume B) The following information shall be included in Volume B Proposed pricing shall be submitted on the Price/Cost Schedule of Services (Attachment A) Price Schedule: Contractor shall furnish all labor, supervision, equipment, materials and supplies necessary to provide ground maintenance services at the Fort Sam Houston National Cemetery, 1520 Harry Wurzbach Road, San Antonio, TX 78209. Services will be provided in accordance with all terms, conditions, specifications, requirements, and schedules of the contract, including National Cemetery Administration Standard Operating Procedures and Operational Standards & Measures. Solicitation Provisions and Contract Clauses 52.212-4 Contract Terms and Conditions- Commercial Items (Nov 2023) Addendum to FAR 52.212-4 52.252-2 Clauses Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and https://www.va.gov/oal/library/vaar/index.asp (VAAR) FAR Clauses 52.202-1 Definitions (NOV 2013) 52.203-6_Alternate I 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (NOV 2023) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.222-2 Payment of Overtime Premiums 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.223-10 Waste Reduction Program (MAY 2024) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.233-2 Service of Protest (SEPT 2006) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 852.201-70 Contracting Officer’s Representative (DEC 2022) 852.222-71Compliance with Executive Order 13899 on combating anti-Semitism 852.242-71 Administrative Contracting Officer (OCT 2020 (End of Clause) 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months. (End of clause) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) As prescribed in 23.303 , insert the following clause: (a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (If none, insert None) Identification No. ____________________ ____________________ ____________________ ____________________ ____________________ (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (End of clause) Alternate I (July 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause: (i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause. (1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer. (2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope. 52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond 9/30/2025. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2025, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.237-3 Continuity of Services (JAN 1991) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a). X(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (6) [Reserved]. X (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II). (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II). (ii) Alternate I (Dec 2023) of 52.204-30. X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note). (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (14) [Reserved]. (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a). (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (17) [Reserved] X(18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). (ii) Alternate I (Mar 2020) of 52.219-6. (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). (ii) Alternate I (Mar 2020) of 52.219-7. X(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)). X (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9. (iv) Alternate III (Jun 2020) of 52.219-9. (v) Alternate IV (Sep 2023) of 52.219-9. (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). (ii) Alternate I (Mar 2020) of 52.219-13. X(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s). (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). X (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f). X (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)). (ii) Alternate I (Mar 2020) of 52.219-28. (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)). (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)). X (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s). (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126). (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (34)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26. (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (ii) Alternate I (July 2014) of 52.222-35. X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (ii) Alternate I (July 2014) of 52.222-36. (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) X (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). X (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.). X(44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.). (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.). (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (ii) Alternate I (Jan 2017) of 52.224-3. (48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83). (ii) Alternate I (Oct 2022) of 52.225-1. (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I [Reserved]. (iii) Alternate II (Dec 2022) of 52.225-3. (iv) Alternate III (Feb 2024) of 52.225-3. (v) Alternate IV (Oct 2022) of 52.225-3. (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). X(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). X(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)). (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (iii) Alternate II (Nov 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). X (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). X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II). (B) Alternate I (Dec 2023) of 52.204-30. (viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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. (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Oppor...