This is a COMBINED SYNOPSIS/SOLICITATION for commercial items for the U.S. Marine Corps Forces, Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in FAR Subpart 12.6, and Subpart 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number is H92257-18-Q-0046 and is being issued as a Request for Quotes (RFQ). The RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97, effective January 24, 2018 and DFARS Publication Notice (DPN) 201801312, effective on January 31, 2018. The associated North American Industrial Classification System (NAICS) code for this requirement is 334290 with a size standard of 750 employees. The proposed acquisition is set aside 100% for small businesses. It is the Government's intent to award a single Firm Fixed Price (FFP) type contract on an "all or none basis" to satisfy this requirement. This is a BRAND NAME or EQUAL procurement. The manufacturer's name, model number and part number in this solicitation have been provided to describe equipment deemed minimally capable of satisfying the Government's requirement. Manufacturer's names, model numbers, and part numbers are provided only to assist potential offerors in understanding the Government's requirement. The Government is not soliciting or suggesting a particular name brand, and will consider offers for any brand that fulfills the Government's need. All quoted items shall meet all salient characteristics of the items requested. All equal items quoted shall contain a technical data sheet that at a minimum contains; Manufacturer, Part Numbers, product literature and any warranty information. SCHEDULE OF SUPPLIES CLIN ITEM QTY UNIT 0001 LimeSDR with Aluminum Kit, Antennas and case. 39 KT 0002 Premium Coaxial Connector Kit Part Number: BAK400 39 KT 0003 Industrial Grade CF Card Part Number: TS32GCF170 - RoHS compliant products - CompactFlash Specification Version 6.0 complaint - Support S.M.A.R.T (self-defined) - Support security command - Support static data refresh, early retirement to extend product life 30 EA 0004 D3000N Vertical antenna 6m-23cm discone, UHF 5 EA 0005 RTL-SDR Blog R820T2 RTL2832U Description: RTL-SDR Blog R820T2 RTL2832U 1PPM TCXO SMA Software Defined Radio with 2x Telescopic Antennas. - Includes 1x RTL-SDR Blog brand R820T2 RTL2832U 1PPM TCXO HF Bias Tee SMA Dongle (V3) - Great for many applications including general radio scanning, air traffic control, public safety radio, ADSB, AIS, ACARS, trunked radio, P25 digital voice, POCSAG, weather balloons, APRS, NOAA APT weather satellites, radio astronomy, meteor scatter monitoring, DAB, or for use as a low cost panadapter with a traditional ham radio. - Several improvements over generic brands including use of the R820T2 tuner, improved component tolerances, a 1 PPM temperature compensated oscillator (TCXO), SMA F connector, aluminium case with thermal pad for passive cooling, software activatable bias tee circuit. - Can tune from 500 kHz to 1.7 GHz and has up to 3.2 MHz (2.4 MHz stable) of instantaneous bandwidth. (HF reception below 24 MHz runs in direct sampling mode) - Uses a SMA female antenna port. 6 EA 0006 RTL-SDR Blog SMA Pigtail Antenna Adapter Set. Set of six SMA pigtail adapters with 20cm of RG316 cabling. Contains five SMA to female (Type N, UHF, BNC, PAL, Type F) adapters and one bonus SMA male to SMA male adapter which is often used to connect to devices like upconverters. 3 SE 0007 UHF Radio Model: CS750 Compatible with Motorola and Tytera DMR Radios, LCD Display and full keypad. Power. 4 Watts UHF and 5 Watts VHF. Battery. 1700 mAH Lithium Ion DCS looks like a digital waveform, CTCSS looks like a sine wave. More Channels. 65280 Digital Contacts available.Keyboard Programming: Allows you to set up new channels without a computer. 3 EA 0008 Diamond MR77 144/440 Mobile Mag Antenna UHF Connector Model Number: MR77 DIAMOND 146/446 MHz Mini Dual-Band Mobile Antenna w/ Mini Magnet Mount & Cable RG-58/U Length Approx. 13ft , Black, Gain: 2.15 / 3.4 dBi, connector: PL-259, Antenna Length: 20", Max Watts: 70, Magnet Diameter 2.6" UHF Connector. 3 EA 0009 Low-Noise Amp Part Number: ZX60-P105LN 6 EA 0010 Low-Noise Amp Part Number: ZFL-1000LN+ 6 EA 0011 SDRplay 3 EA 0012 Antenna Extension Cable TP-LINK TL-ANT24EC3S 3m/10ft Antenna Extension Cable, RP-SMA Male to Female connector 3 EA 0013 Antenna Extension Cable 5m CFD200 RP-SMA Male to Female Extension Cable 3 EA 0014 Airspy Spyverter Combo Model Number: IM151116001 Airspy R2 is an advanced open-source software defined radio receiver with adequate dynamic range, capable of sampling 10MHz of spectrum anywhere between 24MHz and 1.8GHz - and even beyond with extensions. It is the only high performance wide band receiver solution in the market that's yet affordable. The new high performance SpyVerter R2, extends the reception range down to DC for a gapless DC - 1.8GHz coverage with a superb 10MHz instantaneous view. 3 EA 0016 SMA splitter SMA 4 way Splitter ZFSC-4-1-S+ 6 EA 0017 USB extension cable Model Number: DX-PU5206X 6' long USB-A Male to USB-A female assembly, 24K gold-plated connectors 6 EA 0018 USB 3.0 Hub Model Number: NS-PCH5431 4 port USB 3.0 hub, supports data transfer speeds up to 5 Gbps, 3' USB-A to micro USB-B cable. 3 EA 0019 SMA Coaxial Cable 0020 Laptop Model: B9440 Manufacturer: Asus 14" Screen size, Intel core i7-7500U 2.7GHz processor, 512 GB SSD, 16 GB RAM, 10 hour battery life. 2 EA 0022 HomePatrol Serial Digital Handheld Scanner Manufacturer: Uniden Model: BCD436HP - Favorites List, System, Department/Site Quick Keys and temporary avoid. - Enhanced dynamic memory with narrowband reception and location-based scanning - Preemptive trunking priority and multi-site system support - S.A.M.E weather alert with USA/Canada radio database and fire tone-out alert - Close Call RF capture with 4GB of memory ; *** Includes DMR upgrade, ProVoice Upgrade, DC Adapter, Antenna and Bearcat GPS receiver. *** 2 EA 0024 LMR-240 Coaxial Cable 1000 FT 0025 LMR-400 Coaxial Cable 400 FT 0026 HF/VHF/220MHZ/UHF,.530-230,415-470MHZ,SWR Analyzer Part Number: MFJ-269C 39 EA 0027 AC Adapter Part Number: MFJ-1312D 13.8 Vcd 500 mA AC Adapter with a 2.1mm jack. 39 EA 0028 Antenna accessories Baluns Model Number: B14CA 1:4 Balun 39 EA 0029 1:1 Balun Part Number: MFJ-918 39 EA 0030 Alfa Long-Range Dual-Band MIMO Wireless USB 2.0 Wi-Fi Adapter w/2x 5dBi External Antennas 12 EA 0031 Hawking Outdoor WirelessAC 12dBi Directional Antenna - Optimize Overall Wireless Performance - Directional Signal Amplification - Compatible with 2.4GHz and 5.0GHz frequencies on any 802.11 a/b/g/n/ac network - Built with Smart Antenna Technology (MIMO) to Optimize your Data Transfer Speeds 10 EA 0032 Portable Battery Powered Router Model Number: TL-MR3040 - Compatible with LTE/ HSPA+/UMTS/EVDO 3G/4G USB modems - Features a 2000mAh battery for maximum usage time - Three operation modes available for different situations: 3G/4G Router, Travel Router (AP), WISP Client Router - 150Mbps wireless speeds for rapid sharing and increased signal range 6 EA 0033 Dual-Band Wi-Fi Router Part Number: WRT AC1900 Manufacture: Linksys - 4 High-performance Antennas For Maximum Coverage & Reliability - 2.4 Ghz & 5 Ghz Simultaneous Dual Wireless Bands For A Strong, Reliable Wi-Fi Signal That Eliminates Dead Zones Even In Multistory Homes - Beam forming Technology Allows The Router To Strengthen The Wireless Signal To Specific Devices - Professional-grade, 1.2 Ghz Dual-core Arm Cpu - 4 Gigabit Ethernet Ports Are 10 Times Faster Than Fast Ethernet To Provide The Fastest Wired Speeds - Wireless-AC, up to 4.3x faster than N technology: Simultaneous dualband speed up to 600 Mbps (2.4 GHz) + 1300 Mbps (5 GHz) 4 EA 0034 500G External Hard Drive Black USB 3.0 Part Number: STEA500400 Form Factor: External Interface: SuperSpeed USB 3.0 Power Source: USB Bus 4 EA 0035 5 Port 3.0 US Hub Model Number: HB-UMP3 - 5 port (4 input and 1 output) - Compatible with Windows 10, Windows 7, Windows 8, Windows Vista, Windows XP and Mac OS X and higher computers - Supports transfer speeds up to 5 Gbps (USB 3.0), 480 Mbps (USB 2.0) and 12 Mbps (USB 1.1) - Interface: USB 3.0 - Separate power switch for each port - Includes 2.5 A power adapter 12 EA 0036 Basic WiFi Connector Kit Part Number: TPI-4024WIFI 30 assorted male, female adapters. 10 KT 0037 WiFi Pineapple NANO Wireless Network Auditing Tool - CPU: 400 MHz MIPS Atheros AR9331 SoC - Memory: 64 MB DDR2 RAM - Disk: 16 MB ROM + Micro SD (not included) - Wireless: Atheros AR9331 + Atheros AR9271, both IEEE 802.11 b/g/n - Ports: (2) RP-SMA Antenna, Ethernet over USB (ASIX AX88772A), USB 2.0 Host, Micro SD - Power: USB 5V 1.5A. Includes USB Y-Cable 4 EA 0038 Bash Bunny - Quad-core ARM Cortex A7 - 32 K L1/512 K L2 Cache - 512 MB DDR3 Memory - 8 GB SLC NAND Disk 4 EA 0039 USB GPS Receiver USGlobalSat BU353-S4 - SiRF Star IV High Performance GPS chipset - High sensitivity (Tracking Sensitivity: -163 dBm) - Support NMEA 0183 v3.0 data protocol - Built-in SuperCap to reserve system data for rapid satellite acquisition - Super-cohesive magnet for mounting on the car - USB interface connection port. - Waterproof and non-slip on the bottom. - Compatible with: Windows: XP / Vista / 7 / 8 / 10 MAC 10.4.11 - 10.6.6+ Linux and Windows CE. 10 EA 0040 High Gain USB Wireless G/N long Range WiFi Network Adapter Part Number: AWUS036NH - 802.11b/g and "N", 2000mW - Includes a 4inch 5dBi Screw-On Swivel Rubber Antenna and 7DdBi Panel antenna - Very Secure with wireless data encryption with 64/128-bit WEP, WPA, WPA2, TKIP,and AES - Compatible with IEEE 802.11n, 802.11b/g/n wireless standards - Supports driver for Windows 2000, XP 32/64, Vista 32/64, Windows 7, Linux (2.4.x/2.6.x),and Mac (10.4.x/10.5.x) 10 EA 0042 RP-SMA Male to N Male 195 FR-Series WiFi Antenna Pigtail Cable 10' Part Number: CA195FRRSMNM-010F 20 EA 0043 Raspberry Pi 3 Complete Starter Kit - 32 GB Edition - Includes Made in UK Raspberry Pi 3 (RPi3) Model B Quad-Core 1.2 GHz 1 GB RAM - On-board WiFi and Bluetooth Connectivity - 32 GB Micro SD Card (Class 10) - Raspberry Pi Recommended Micro SD Card pre-loaded with NOOBS, USB MicroSD Card Reader - CanaKit 2.5A USB Power Supply with Micro USB Cable and Noise Filter - Specially designed for the Raspberry Pi 3 (UL Listed) - High Quality Raspberry Pi 3 Case, Premium Quality HDMI Cable, 2 x Heat Sinks, 6 EA 0044 15" MacBook Pro 15" MacBook Pro with 1TB SSD, 3.1GHz quad-core 7th-generation Intel Core i7 processor 1 EA The provision at FAR 52.212-1, Instructions to Offerors - Commercial applies to this acquisition and is amended as follows: 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate. b. The term "offeror" or "offer" as used in FAR 52.212-1 shall be understood to mean "quoter" and "quote," respectively. Further, the term "award" shall be understood to describe the Government's issuance of an order. c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: a, b, c, f (except f(4), and i. d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable. e. SUBMISSION PACKAGE d. FAR 52.212-3-Offeror Representations and Certifications-Commercial Items. An offeror shall complete only paragraphs (b) of this provision if the offer has completed the annual representations and certificates electronically via http://www.acquisition.gov/ if an offer has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offer shall complete only paragraph (c) through (o) of this provision, technical, and other information needed for evaluation. See FAR Provision at 52.212-3 1. Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected. FAR 52.212-2 - EVALUATION--COMMERCIAL ITEMS (a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation that is determined to be the Lowest Priced Technically Acceptable offer. Quotes other than the lowest price will only be evaluated if the lowest priced quote is found technically unacceptable. The following factors shall be used to evaluate quotes; Technical, Past Performance and Price. (i) Technical - Items shall meet or exceed the characteristics required under CLIN 0001 through CLIN 0044. All equal items quoted shall contain a technical data sheets, part numbers, product literature and warranty information. (ii) Price -All line items will be reviewed for price reasonableness Closing Date and Time: Responses to this solicitation are due no later than 4:30 PST on Wednesday February 21, 2018. Quotes shall be emailed to Jainer Aguilar at jainer.aguilarbenavides@socom.mil. Please reference the solicitation number on your quote. Offerors should confirm receipt with the Contracting Officer. ATTN: GySgt Aguilar, Jainer East MARSOC Way, Building 4100365 MCB Camp Pendleton Camp Pendleton CA, 92055 Email: jainer.aguilarbenavides@socom.mil Telephone : 760-763-8963 Fax: 760-725-2323 52.252-2 -- Clauses Incorporated by Reference. 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): ( http://farsite.hill.af.mil/ or https://www.acquisition.gov/far/ CLAUSES INCORPORATED BY REFERENCE FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Jul 2013 FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2015 FAR 52.204-18 Commercial and Government Entity Code Maintenance July 2015 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Dec 2014 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-3 Notice of Set-Aside of Orders Nov 2011 FAR 52.222-22 Previous Contracts and Compliance Reports Feb 1999 FAR 52.225-3 ALT II Buy American-Free Trade Agreements - Israeli Trade Act May 2014 FAR 52.232-39 FAR 52.233-4 Unenforceability of Unauthorized Obligations Applicable Law for Breach of Contract Claim Jun 2013 Oct 2004 FAR 52.243-1 ALT II Changes-Fixed Price Aug 1987 FAR 52.247-34 F.o.b. Destination Nov 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to inform Employees of Whistleblower Rights Sep 2011 DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials Nov 2011 DFARS 252.203-7997 (Dev) Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements - Representation Oct 2015 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Nov 2003 DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Dec 2015 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2015 DFARS 252.215-7007 Notice of Intent to Resolicit June 2012 DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.232-7003 Electronic Submission of Payment Request and Receiving Reports Jul 2014 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.244-7000 Subcontracts for Commercial Items June 2013 CLAUSES INCORPORATED BY 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 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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). ___ (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 (July 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] X (14)(i) 52.219-6, Notice of Total Small Business Set-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 (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-Subcon-tracting 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 (July 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 (Sept 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 (July 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 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 (June, 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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. ____ (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[supreg]-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 (June, 2016) (E.O. 13693). ____ (46) 52.223-21, Foams (June, 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. ____ (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 (June 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 (July 2013) (31 U.S.C. 3332). ____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (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.) _____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (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) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (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 (Sept 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. 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. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi)...