Limestone, ME Snow and Ice Removal

Title: DFAS Limestone Snow, Ice and Debris Removal Services ---------------------------------------------------------------------------------------------------------------------------------------- (1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (2) This is solicitation number KOACO19RL002. The solicitation is issued as a request for quotation (RFQ). (3) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular, FAC 2005-95, Effective 1 May, 2018. (4) This requirement is 100% Small Business Set Asside. The NAICS code is 561730 and the small business size standard is $7.5 Million. (5) ITEMS: ---------- CLIN 0001 - Snow and Ice Removal-Parking Lots and Roads - Base Year. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0002 - Snow and Ice Removal-Parking Sidewalks and Pathways - Base Year. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0003 - Debris Cleanup and Removal - Base Year. Pricing is under the PRICE section of this RFQ. Quantity: 1 Unit of Measure: EACH CLIN 0004 - Snow and Ice Removal-Parking Lots and Roads - Option Year 1. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0005 - Snow and Ice Removal-Parking Sidewalks and Pathways - Option Year 1. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0006 - Debris Cleanup and Removal - Option Year 1. Pricing is under the PRICE section of this RFQ. Quantity: 1 Unit of Measure: EACH CLIN 0007 - Snow and Ice Removal-Parking Lots and Roads - Option Year 2. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0008 - Snow and Ice Removal-Parking Sidewalks and Pathways - Option Year 2. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0009 - Debris Cleanup and Removal - Option Year 2. Pricing is under the PRICE section of this RFQ. Quantity: 1 Unit of Measure: EACH CLIN 0010 - Snow and Ice Removal-Parking Lots and Roads - Option Year 3. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0011 - Snow and Ice Removal-Parking Sidewalks and Pathways - Option Year 3. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0012 - Debris Cleanup and Removal - Option Year 3. Pricing is under the PRICE section of this RFQ. Quantity: 1 Unit of Measure: EACH CLIN 0013 - Snow and Ice Removal-Parking Lots and Roads - Option Year 4. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0013 - Snow and Ice Removal-Parking Sidewalks and Pathways - Option Year 4. Pricing is under the PRICE section of this RFQ. Quantity: 12 Unit of Measure: Months CLIN 0015 - Debris Cleanup and Removal - Option Year 4. Pricing is under the PRICE section of this RFQ. Quantity: 1 Unit of Measure: EACH (6) DESCRIPTION OF ITEMS/SERVICES: DESCRIPTION OF NEED: The contractor shall provide The Defense Finance and Accounting Service (DFAS) Limestone facility requires Snow Ice and Debris removal services to ensure the safe and functional operation of their facilities to conduct the current mission requirements set forth by the agency. Snow and Ice removal services shall be performed in accordance with all current city, state, and federal regulations. The serivce will be required at the Defense Finance Accounting and Service (DFAS), 27 Arkansas Road, Limestone, ME 04751. This contract will be for the Base period of 1 November, 2018 through 31 October, 2019 , plus four additional one year option periods. PLEASE PROVIDE ANY SERVICE WARRANTY INFORMATION 3.0. DELIVERY/ PERIOD OF PERFORMANCE INFORMATION: The anticipated performance start date is 1 November, 2018. SERVICE ADDRESS: DFAS Limestone 27 Arkansas Road, Suite 104 Limestone, Maine 04751 Attn: Ryan Guess Phone: (207)-328-1113 Email: ryan.p.guess.civ@mail.mil 4.0. CONTRACTING OFFICER'S REPRESENTATIVE & ALTERNATE COR (COR &ACOR)/ GOVERNMENT POINT OF CONTACT (GPOC): The COR/ACOR will act as the on-site technical points of the contract for the Government. They will initiate all service requests. The COR/ACOR are not authorized to make contractual decisions. The authority to resolve monetary issues and contractual interpretation is the responsibility of the Contracting Officer. The COR for this order is listed below: COR: Name: Ryan Guess Agency: Defense Finance and Accounting Service (DFAS) LI/JBD Address: 27 Arkansas Road Limestone, Maine 04751 Phone: (207) 328-1113 E-mail: ryan.p.guess.civ@mail.mil ACOR: Name: Brian Jones Agency: Defense Finance and Accounting Service (DFAS) LI/JBD Address: 27 Arkansas Road Limestone, Maine 04751 Phone: (207) 328-1113 E-mail: ryan.p.guess.civ@mail.mil 5.0. INVOICES: Payment will be in accordance with the Prompt Payment Act. Invoices will include contract number, invoice number, and date. Invoices will be submitted to the COR/GPOC (Acceptor) as a 2-in-1 or Combo invoice via the internet using the Government provided Wide Area Work Flow (WAWF) Receiving/Acceptance System at https://wawf.eb.mil. (Reference clause 252.232.7003). When the 2-in-1 or Combo invoice is received by the COR/GPOC via WAWF, the COR/GPOC will review the document and if it is correct, accept it electronically and forward it for payment. Web Based Training is available at www.wawftraining.com and for more information go to www.dod.mil/dfas and click the e-commerce link. Prior to submitting invoices, the contractor must contact the government GPOC to confirm the correct ACCEPTOR DoDAAC. Should the vendor desire to track payment status, they must use the Vendor Pay Inquiry System (VPIS) at www.dfas.mil\money\vendor\ by selecting non-MOCAS System to track the status of payments. The DFAS COR will e-mail the contractor when invoices have been certified for payment. End of Description of Need (7)Performance Periods: Delivery (FOB Destination) within 30 days after award. Performance will be for one base year and four one year option period service calls after award. (8)The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. (9) FAR 52.212-2, Evaluation -- Commercial Items, is not applicable. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Jan 1999) (a) 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: Lowest Price Technically Acceptable. Offerors should address the following: (1) ACCEPTANCE CRITERIA: ----------------------------------------- At a minimum, quoters must meet the service requirements for the equipment identified in the Statement of Work. Quoters are to identify the capability to perform the services outlined in the Statement of Work and or provide documentation/literature that identifies the service capabilities for work listed to be quoted upon. Failure to provide the documentation/literature that identifies the service capabilities for the services listed to be quoted upon will be grounds to reject your quote. (2) BASIS for SELECTION: ------------------------------------ The basis for award selection is Lowest Price Technically Acceptable (LPTA). A quoter's technical acceptability will be determined by a vendor meeting the Government's minimum technical requirements and not taking any exceptions to the Combined Synopsis/Solicitation. Quoters will be evaluated based on the lowest quoted price who meets the Government's minimum technical requirements of the solicitation. Quoters who do not take exception to the solicitation and meet the minimum technical requirements of this solicitation will be considered technically acceptable. All technically acceptable quotes will be evaluated for price reasonableness and award will be made to the lowest price technically acceptable quote. Contract quotes are requested to remain valid for a minimum of 30 days. (3) Quoter Information: ------------------------------- Cage Code: Company Name: Point of Contact: Telephone Number: Email Address: TIN (Taxpayer Identification Number): Business Size/Classification: (Applicable NAICS is 561730) Date: Delivery Days or Lead Time: Vendors are to provide pricing information as reflected in Exhibit 1 below (or in the same format). Exhibit 1 - PRICES: Please see attached excel sheet titled Exhibit 1 (b) A written notice of award or acceptance of an offer, mailed or otherwise 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. (10) Offerors are to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their offer. (11) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. (12) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. (13) Additional contract requirement(s) or terms and conditions: N/A (14) DPAS ratings are not applicable. (15) Quotes are due by 1:00 p.m. EST on 22 October, 2018. Quotations MUST also contain a complete description of services offered to clearly show item meets or exceeds the requirements listed above. The Contracting Officer will review quotations based on the factors listed in this solicitation and the information furnished by the offeror. Before price is considered, the proposal must meet the technical capabilities. Submit electronic quotes via e-mail to: aram.m.duell.civ@mail.mil and jason.m.hardman.civ@mail.mil. Any correspondence sent via e-mail must contain the subject line "KOACO19RL002 - DFAS LIMESTONE SNOW, ICE AND DEBRIS REMOVAL SERVICES" . The entire quotes must be contained in a single e-mail that does not exceed 5 megabytes including attachments, if any. E-mails with compressed files are not permitted. Note that e-mail filters at DFAS-Columbus are designed to filter e-mails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the specified subject line is not included, the e-mail may not get through the e-mail filters. Also be advised that .zip or .exe files are not allowable attachments and may be deleted by the email filters at DFAS-Columbus. If sending attachments with email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent. The email filter may delete any other form of attachments. E-mail quotes are acceptable and preferred. Quotes may be submitted by mail and forwarded to: (16) Point of Contacts: Aram M. Duell DFAS Contract Services Directorate 3990 E. Broad Street Bldg. 21, Room 2B218 Columbus, OH 43213-1152 Telephone Number: (614) 701-3611 Facsimile Number: (614) 701-2918 Email Address: aram.m.duell.civ@mail.mil Jason M. Hardman DFAS Contract Services Directorate 3990 E. Broad Street Bldg. 21, Room 2B218 Columbus, OH 43213-1152 Telephone Number: (614) 701-4083 Facsimile Number: (614) 701-2918 Email Address: jason.m.hardman.civ@mail.mil Address questions regarding this synopsitation to Aram M. Duell at (614) 701-3611 or via e-mail at aram.m.duell.civ@mail.mil. Furnish quotes to this POC on or before the closing time listed in this RFQ. DFAS reserves the right to accept a late quote if the late quote would not unduly delay the acquisition and the contracting officer makes the determination that it is in the best interests of the Government to accept the "late" quote. This language takes precedence over 52.212-1(f) ---------------------------------------------------------------------------- Clauses/Provisions: The Government intends to include the following DFAS, FAR and DFARS clauses and provisions, either by reference or in full text in the resulting award. NOTE: The FAR and DFARS clauses may be accessed in full text at http://farsite.hill.af.mil/. DFAS Clauses have been attached below. Note: These following clauses may not be all inclusive in the resulting award: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) SOLICITATION CLAUSES. 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements. (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2015) 52.204-17 Ownership or Control of Offeror (July 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Predecessor of Offeror (Apr 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) 52.212-3 Alt I Offeror Representations and Certifications -- Commercial Items (Apr 2016) 52.222-17 Nondisplacement of Qualified Workers (May 2014) 52.223-6 Drug-Free Workplace (May 2001) 52.223-10 Waste Reduction Program (May 2011) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec. 2007) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discount for Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-2 Service of Protest (Sep 2006) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984) 52.239-1 Privacy or Security Safeguards (Aug. 1996) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (AUG 1989) 52.243-1 Changes Fixed-Price (Aug 1987) 52.247-34 F.o.b. Destination (Nov 1991) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENTS (DFARS) CLAUSES INCORPORATED BY REFERENCE. 252.201-7000 Contracting Officer's Representative (Dec 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013 ) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) PGI 252.204-0001 Line Item Specific: Single Funding (Sep 2009) 252.204-7000 Disclosure of Information (Aug 2013) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7011 Alternative Line Item Structure (Sep 2011) 252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (FEB 2014) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015) 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2012-O0004) (Jan 2012) 252.215-7007 Notice of Intent to Resolicit (JUN 2012) 252.215-7008 ONLY ONE OFFER (OCT 2013) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014) 252.225-7001 Buy American and Balance of Payments Program(Nov 2014) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012) 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013) 252.225-7021 TRADE AGREEMENTS-BASIC (JUN 2016) 252.225-7036 Free Trade Agreements--Balance of Payments Program (Nov 2014) 252.225-7048 Export-Controlled Items (Jun 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) 252.237-7023 Continuation of Essential Contractor Services (Oct 2010) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.246-7000 Material Inspection and Receiving Report (Mar 2008) Clauses/Provisions Included in Full Text: 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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: [Contracting Officer check as appropriate.] _ X _ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 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). _X_ (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. _X_ (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 (Jan 2017) (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). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (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). _X_ (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). _X_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (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 Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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 (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 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). ___ (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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: [Contracting Officer check as appropriate.] _ X _ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _ X __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). _ X _ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). _ X _ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). _ X _ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). _ X _ (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 63...