Characterization Array for the 10x10ft Supersonic Wind Tunnel
THIS IS A NOTICE OF INTENT FOR REQUEST FOR QUOTE. This is a combined synopsis/solicitation for a commercial item being procured in accordance with the format in Subpart 12.6, and 13.5 supplemented wit... THIS IS A NOTICE OF INTENT FOR REQUEST FOR QUOTE. This is a combined synopsis/solicitation for a commercial item being procured in accordance with the format in Subpart 12.6, and 13.5 supplemented with additional information as included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The National Aeronautics and Space Administration (NASA) intends to solicit quotes for a Characterization Array for the 10x10ft Supersonic Wind Tunnel (10x10 SWT) per the Statement of work and drawings for NASA Glenn Research Center (GRC) located in Cleveland, Ohio. This is solicitation number 80GRC022Q0009 and is issued as a request for quote (RFQ). This requirement is a Total Small Business Set-Aside. The associated NAICS code is 334516. The small business size standard is 1000 employees. Anticipated Award Date: Within 5 days of receiving offers. To be considered for award your company must obtain a Dun and Bradstreet Number (DUNs). You may obtain this number free of charge at 1(866)-606-8220. Your company must also be registered in the System for Award Management (SAM) with the appropriate NAICS code for this solicitation (located in block 10 on the form), web site: https://www.sam.gov. If you have any registration questions, please call 866-606-8220. If you need assistance with registration or updating SAM please contact the Procurement Technical Assistance Center nearest you at (615) 268-6644 or website: http://www.aptac-us.org/new/Govt_Contracting/find.php. GENERAL DESCRIPTION : Independently, and not as an agent of the Government, the Contractor shall furnish all labor, materials, and equipment necessary to provide the Characterization Array for the 10x10ft Supersonic Wind Tunnel (10x10 SWT) for NASA Glenn Research Center (GRC) located in Cleveland, Ohio. Quotes are due at 12:00 PM ET, September 23, 2022. Offers may be submitted by email. Questions regarding this solicitation will only be accepted until 12:00 PM ET, September 16, 2022. OFFERS SHALL INCLUDE THE FOLLOWING: Price quotes for line items referenced in the solicitation number provided above: CLIN Structure: listed on the SF 1449 – the bid schedule and the line items on the SF 1449 must be completed, the following CLIN structure does not have to be completed. 01 – Characterization Array Total Price (includes any discounts available, fabrication and shipping) $______ Please refer to that attached “Statement of Work” Remittance address and DUNS number 10x10 Array rake items and quantities bid schedule (see attachment) Completed SF1449 Point of Contact: Robert Spangler Contract Officer P: 216-433-5255 Email: Robert.T.Spangler@nasa.gov ATTACHMENTS: ( please view and download all applicable attachments from www.sam.gov GRC 10x10 Array rake items and quantities bid schedule Statement of Work SF1449 Drawings The following Federal Acquisition Regulation (FAR) provisions and clauses shall be applicable to this solicitation and award: For full text version of these provisions and clauses, please go to the following internet address: www.acquisition.gov. SOLICITATION PROVISIONS: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov. 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Service 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017) 52.204-7 System for Award Management 52.204-7 System for Award Management. - Alternate I 52.204-16 Commercial and Government Entity Code Reporting. 52.214-35 Submission of Offers in U.S. Currency 52.215-1 Instructions to Offerors-Competitive Acquisition. 52.228-1 Bid Guarantee. 52.233-2 Service of Protest. 1852.233-70 Protest to NASA 52.204-17 Ownership or Control of Offeror 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. SOLICITATION CLAUSES: 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.acquisition.gov. 52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Nov 2021) 52.203-6 Restrictions on Subcontractor Sales to the Government. (NOV 2021) Alternate I (OCT 1995) 552.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 2.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-14 Display of Hotline Poster(s). 1852.203-70 Display of Inspector General Hotline Posters 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 1852.203-71 Requirement to Inform Employees of Whistleblower Rights 52.204-2 Security Requirements. 52.204-2 Security Requirements. - Alternate I 52.204-2 Security Requirements. - Alternate II 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 52.204-6 Unique Entity Identifier. 1852.203-71 Requirement to Inform Employees of Whistleblower Rights 1852.204-75 Security Classification Requirements 52.253-1 Computer Generated Forms 52.203-16 Preventing Personal Conflicts of Interest. 1852.242-72 Denied Access to NASA Facilities. (OCT 2015) PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT Addenda to 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) To assure timely and equitable evaluation of quotations, offerors must follow the instructions contained herein. Offerors are required to meet all quotation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The offeror shall submit in the quotation all requested information specified in this section of the Request for Quote (RFQ) at or before the exact time specified. There will be no public opening of the proposals received as a result of this RFQ. Failure to meet a requirement may result in an offer being ineligible for award. DUE DATES Quotes are due by the date listed in Block 8 on page one (1) of this solicitation – 12:00 PM ET, September 23, 2022. Questions are to be submitted via email no later than 12:00 PM ET, September 16, 2022. ALL CORRESPONDENCE shall be submitted via email to the person listed in the Contract Administration Data. Email addresses can be found under Contract Administration Data. TO SUBMIT AN OFFER: 1. Complete page one (1), Blocks 30 a, b, c. of Solicitation Form SF1449. Company name, address, and DUNS number should go in block 17a. 2. Complete attached GRC 10x10 Array rake items and quantities bid schedule and insert total price in reference to ALL items listed in blocks 23 & 24 of Solicitation Form SF1449. 3. Products are brand name or “or equal” - if quoting an “or equal” item, must submit a detailed product specifications document/literature and ensure it is provided to confirm the items are comparable. 4. Submit all required documents via email by the date and time listed in block 8 of page one (1), Solicitation Form SF1449. REGISTRATION REQUIREMENTS To be considered for award your company must obtain a Dun and Bradstreet Number (DUNS). You may obtain this number free of charge at 1(866)705-5711. Your company must also be registered in System for Award Management (SAM) with the NAICS code found in block 10 on Page one (1) of this solicitation, NO EXCEPTIONS. If you have any registration questions or need assistance, please call the SAM helpdesk at 886-606-8220. You may also receive assistance by contacting the Procurement Technical Assistance Center nearest you at (615)-268-6644 or via their website at: http://www.aptac-us.org/new/Govt_Contracting/find.php. (End of addenda) 52.212-2, Evaluation — Commercial Items The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Government will award based on Lowest Price Technically Acceptable (LPTA) from a responsible offeror. 1.) Technically Acceptable Criteria: The determination will be based on how well the supply can meet the criteria defined in the Specifications and Brand Name Justification attached. A written notice of award or acceptance will be furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award of an offer, mailed or otherwise (End of Provision) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] _x_ (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. 2402). _x_ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). _x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (13) [Reserved] _x_ (14)(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. __ (15)(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. __ (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 (NOV 2021) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (NOV 2016) of 52.219-9. __ (iii) Alternate II (NOV 2016) of 52.219-9. __ (iv) Alternate III (JUN 2020) of 52.219-9. __ (v) Alternate IV (SEP 2021) of 52.219-9. __ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (MAR 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s). __ (20) 52.219-16, Liquidated Damages - Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f). _x_ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). _x_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). _x_ (28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126). _x_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _x_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. _x_ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). _x_ (ii) Alternate I (July 2014) of 52.222-35. _x_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). _x_ (ii) Alternate I (July 2014) of 52.222-36. _x_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). _x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). _x_ (35)(i) 52.222-50, Combating Trafficking in Persons (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). __ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.) __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (OCT 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. _x_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. _x_ (48) 52.225-1, Buy American - Supplies (NOV 2021)) (41 U.S.C. chapter 83). _x_ (49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (NOV 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. _x_ (ii) Alternate I (JAN 2021) of 52.225-3. _x_ (iii) Alternate II (JAN 2021) of 52.225-3. _x_ (iv) Alternate III (JAN 2021) of 52.225-3. __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (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. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). __ (56) 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. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (58) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332). _x_ (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). __ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). __ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). __ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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: [Contracting Officer check as appropriate.] _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). x__ (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). __ (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) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause - (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (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 (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). __ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (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 (MAY 2022) (E. O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (JUN 2020) (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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services. (End of clause) 52.211-6 Brand name or equal. (AUG 1999) (a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation. (b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must - (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by - (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 1852.232-80 Submission of vouchers for payment. (APR 2018) (a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529. (b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC's Vendor Payment information Web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments. (c) Payment requests. (1) The payment periods are stipulated in the payment clause(s) contained in this contract. (2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information: (i) Vouchers. (A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred. (B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs. (C) Indirect rate(s) used to calculate the amount of billed indirect expenses. (D) Progress reports, as required. (ii) Invoices. (A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance. (B) Progress reports, as required. (C) Date goods and services were performed. (iii) Fee vouchers. (A) Listing of all provisionally-billed fee by period or date earned since contract award. (B) A reconciliation of all billed and earned fee. (C) A clear explanation of the fee calculations. (d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-el...
Data sourced from SAM.gov.
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