Air Storage Tanks & Piping

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested but a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2005-100, DPN 20180629, and NMCARS 18-01. This solicitation, N00173-18-R-LN30 is issued as a Request for Proposal (RFP). The associated small business size standard for NAICS 339999 is 500 employees. The associated Federal Supply Code (FSC)/Product Service Code (PSC) is 6685. The Naval Research Laboratory (NRL), located in Washington, DC, has a requirement for a commercially available, Air Storage Tanks and Piping. Supplies: Items must be brand name or equal, in accordance with FAR 52.211-6. The complete specification and/or other information required for this combined synopsis/solicitation is attached. All interested companies shall provide proposals/quotations for the supplies and services outlined in the attached technical specifications and CLIN structure. ITEM NO. SCHEDULE OF SUPPLIES QUANTITY UNIT UNIT PRICE AMOUNT CLIN 0001 Description X EA $ $ CLIN 0002 Description X EA $ $ CLIN 0003 Description X EA $ $ TOTAL $ Provide a breakout of all CLINs necessary to fulfil the requirement NOTE: DELIVERY SHALL BE FOB DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34. Delivery and acceptance is at NRL, Washington, DC 20375. PAYMENT TERMS: The NRL will not authorize advance, installment or progress payments. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in the resulting contract. The Government will make payments in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS: Statement of Work/Specifications- - See Attachment Accounting and Appropriations Data - To be provided at award The following provisions and clauses apply to this acquisition: FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL (AUG 2018) AND ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical proposal. Offeror shall complete the following electronic annual representations and certifications at HTTP://WWW.ACQUISITION.GOV in conjunction with required registration in the System for Award Management (SAM) database and FAR 52.212-3 Offeror Representations and Certifications--Commercial Items (AUG 2018). In accordance with paragraph (j) of FAR 52.212-3 if changes to the SAM annual representations and certifications apply to this acquisition, the offeror must clearly identify the applicable paragraphs at (b) through (i) which the offeror has completed for the purpose of this solicitation only. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. a. FAR 52.212-1 has been tailored to include the following additional instructions: - This procurement is for new equipment ONLY, unless otherwise specifically stated. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. - Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions - Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor for the specific items being procured. FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS (OCT 2014) 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: - Technical capability of the items offered to meet the Government requirement - Price - Past performance FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (AU 2018) AND ADDENDA TO FAR 52.212-3 REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials. (NOV 2011) DFARS 252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-O0010) (FEB 2015) DFARS 252.204-7011 Alternative Line Item Structure (SEP 2011) DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012) DFARS 252.215-7008 ONLY ONE OFFER. (OCT 2013) DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons (JAN 2015) DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEC 2014) DFARS 252.239-7017 Notice of Supply Chain Risk (NOV 2013) (Section 806(e)(6) of Pub. L. 111-383) FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (JAN 2017) AND ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS a. The following additional FAR and DFAR clauses and provisions are included as addenda to FAR 52.212-4: FAR 52.203-3, Gratuities (APR 1984) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2010) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) FAR 52.204-7-System for Award Management (OCT 2016) FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) FAR 52.223-10, Waste Reduction Program (MAY 2011) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) FAR 52.223-12, Refrigeration Equipment and Air Conditioners (JUN 2016) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) FAR 52.242-13, Bankruptcy (JUL 1995) FAR 52.242-15, Stop-Work Order (AUG 1989) FAR 52.243-1, Changes - Fixed Price (AUG 1987) FAR 52.247-34, FOB Destination (NOV 1991) FAR 52.253.1, Computer Generated Forms (JAN 1991) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of PL 110-181) DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012) (section 6101 of PL 110-252, 41 USC 3509) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Reporting (OCT 2016) DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 USC 2416) DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (DEC 2014) DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011) DFARS 252.211-7007, Reporting of Government Furnished (AUG 2012) DFARS 252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010) DFARS 252.213-7000, NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION (JUN 2015) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013) DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) (10 USC 2533b) DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (OCT 2014) (10 USC 2533b) DFARS 252.225-7012, Preference for Certain Domestic Commodities (DEC 2017) (10 USC2533a) DFARS 252.225-7013, Duty-Free Entry (MAY 2016) DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) 10 USC 2533a) DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of PL 107-117 and the same restriction in subsequent DoD Appropriations Acts) DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concern s (SEP 2004) (Section 8021 of PL 107-248) and similar sections in subsequent DoD appropriations acts) DFARS 252.227-7015, Technical Data--Commercial Items (FEB 2014) (10 USC 2320) DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) (10 USC 2321) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) (10 USC 2227) DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013) DFARS 252.239-7000, Protection Against Compromising Emanations (JUN 2004) DFARS 252.239-7001, Information Assurance Contractor Training and Certification (JAN 2008) DFARS 252.239-7018, Supply Chain Risk (OCT 2015) (Section 806(e)(6) of Pub. L. 111-383) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013) DFARS 252.246-7003, Notification of Potential Safety Issues (Jun 2013) DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System (MAY 2014) (Section 818 of PL 112-81) (NOT REQUIRED IS SMALL BUSINESS SET-ASIDE) DFARS 252.246-7008, Sources of Electronic Parts (OCT 2016) DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) (Section 884 of PL 110-417) DFARS 252.247-7027, Riding Gang Member Requirements (MAY 2018)(Section 3504 of PL 110-417) ATTACHMENT TO SYNOPSIS ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS REQUIREMENTS FOR ON-SITE CONTRACTORS For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors dated 8 December 2009 which are hereby incorporated by reference. The full text is available at http://heron.nrl.navy.mil/contracts/15onsite.htm. Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. Facsimile proposals are NOT authorized. Proposals shall be transmitted by e-mail to contact@example.gov (primary), Code 3240, in either Microsoft Word or pdf format. All EIT supplies and services provided under any resultant contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors dated 08 December 2008 which are hereby incorporated by reference. The full text attached. Any resultant contract will be DO Rated under the Defense Priorities and Allocations System (DPAS). The Contract Specialist must receive any questions concerning the RFP no later than three (3) business days after the release date of this solicitation. Other business opportunities for NRL are available at our website http://heron.nrl.navy.mil/contracts/rfplist.htm ADDENDUM TO 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (required if expected value > $550k) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) ADDENDA TO FAR 52.212-3 REPRESENTATIONS AND CERTIFICATIONS DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it- _____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. _____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (AUG 2018) (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, 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: 1 (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). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 1 (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (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). 1 (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4) ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ? (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ? (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). ? (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ? (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ? (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ? (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ? (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) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for 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 (Jun 2016) (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 Television (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. ___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (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 (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (48) 52.225-5, Trade Agreements (AGU 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (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)). ? (55) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (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: ___ (1) 52.222-17, Nondisplacement 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 2018) (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 (Dec 2015) (E.O. 13658). ___ (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). ___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 (Nov 2016) (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 (1) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29...