This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR 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.
This is a Request for Quote (RFQ) using FAR Part 12, Acquisition of Commercial Items; the Solicitation Number is W519TC-24-Q-WDB2.
The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.
The NAICS code for this procurement is 321920; the small business size standard is 500 employees. The Product Service Code is 8140.
Offerors must be registered within the System for Award Management (SAM) databased at time of response to this solicitation. The website for SAM is https://www.sam.gov/.
Addendum to 52.212-1
DESCRIPTION OF REQUIREMENT
CLIN 0001: FAT - Box, Ammunition Packaging With Corner Tray; Quantity 5 EA
In accordance with Drawing 2128453 REV U, as found in Attachment 0001 and Corner Tray Drawing 2113654 REV C, as found in Attachment 0002
CLIN 0002: Box, Ammunition Packaging With Corner Tray; Quantity 555 EA
In accordance with Drawing 2128453 REV U, as found in Attachment 0001 and Corner Tray Drawing 2113654 REV C, as found in Attachment 0002
JCP ACCESS OF RESTRICTED DRAWINGS
DRAWING ACCESS (See additional Technical Data Package Instructions in Attachment 0003)
The drawings associated with this acquisition are Distribution Level D, authorized to the Department of Defense (DoD) and U.S. DoD contractors ONLY. All firms must be registered in the Joint Certification Program (JCP) in order to access the drawings associated with this solicitation. The address for registration is https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx Registration requires completion of the DD Form 2345. Firms are required to have a current valid Cage Code in order to register.
NOTE: THE DD FORM 2345 MAY BE SUBMITTED ELECTRONICALLY. DIRECTIONS FOR ELECTRONIC SUBMISSION ARE LOCATED AT THE FOLLOWING SITE, UNDER ¡°SUBMITTING THE DD FORM 2345¡±
https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/SpecificDD2345Instructions.aspx
Access to the drawings is restricted to the data custodian listed on the DD Form 2345.
*NOTE: When requesting access to the drawings, the company CAGE CODE should be entered within the ¡°Reason for Request¡± block.
TYPE OF ACQUISITION AND CONTRACT
This acquisition is issued as 100% Small Business Set-Aside. Award will be made using Low Price, resulting in a single award Firm Fixed Price Contract.
DELIVERY AND LOCATION
CLIN Description Delivery Date
0001 FAT - Box, Ammunition Packaging 60 Days After Award
0002 Box, Ammunition Packaging 30 Days After FAT Approval
Delivery will be FOB Destination to Crane Army Ammunition Activity, Building 148
300 Highway 361, Crane, IN 47522-5001, in accordance with the following:
Crane Army Ammunition Activity Delivery Instructions:
CAAA receiving hours are 0700 ? 1430, Mon - Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away.
PACKAGING AND MARKING REQUIREMENTS
Preservation, Packaging, and Packing shall be in accordance with ASTM D 3951 (Commercial Packaging).
QUOTE/PROPOSAL SUBMISSION REQUIREMENTS
Offerors shall submit the following in response to this solicitation:
-
Price ? Offerors must submit Completed Pricing Sheet at Attachment 0004. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places.
-
Completed Clause at Attachment 0005 ? FAR 52.204-24, paragraph (d)(1) and (d)(2)
-
Completed Provisions at Attachment 0006 ? FAR 52.212-3 Alt 1, paragraph (b) only.
BASIS FOR AWARD
Award will be made to the offeror who provides the lowest Total Price, who is deemed
responsible, and whose quote conforms to the solicitation requirements. Total Evaluated Price will be calculated by multiplying the proposed unit price by the quantity.
In accordance with FAR 52.212-1(g), the Government intends to award a contract
against this solicitation without discussions.
LISTING OF ATTACHMENTS
Attachment 0001 ? Drawing 2128453 Rev U
Attachment 0002 ? Drawing 2113654 Rev C
Attachment 0003 ? Technical Data Package Information
Attachment 0004 ? Price Sheet
Attachment 0005 ? FAR 52.204-24
Attachment 0006 ? FAR 52.212-3 Alt 1
DEADLINE FOR SUBMISSION
Offers are due on 27 March 2024, no later than 1230pm Central Time.
Offers shall be submitted in the following way:
Electronically via email to the Contract Specialists, Samantha.m.ward12.civ@army.mil and Contracting Officer, bryce.t.willett.civ@army.mil.Offerors shall include ¡°W519TC-24-Q-WDB2 - Response ? [Insert Offeror¡¯s Name]¡± within the Subject line.
QUESTIONS
Questions shall be submitted in the same manner as Offers, electronically via email to the Contract Specialists and Contracting Officer
**Note: Interested offerors must submit any questions concerning this solicitation on
or before 25 February 2024 by 1230pm CST, to enable the Buyer to respond. Questions not received within a reasonable time prior to close of the solicitation may not be considered.
*********UPDATE 26 MARCH 2024 AMENDMENT 02 - NO FURTHER QUESTIONS WILL BE ACCEPTED AT THIS TIME.
End of Addendum 52.212-1
SOLICITATION PROVISIONS
The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquisition.gov):
FAR 52.204-7 - System for Award Management
FAR 52.204-16 - Commercial and Government Entity Code Reporting
FAR 52.204-17 - Ownership or Control of Offeror
FAR 52.204-20 - Predecessor of Offeror
FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
FAR 52.204-26 - Covered Telecommunications Equipment or Services--Representation
FAR 52.212-1 - Instructions to Offerors?Commercial Products and Commercial Services
FAR 52.212-2 - Evaluation?Commercial Products and Commercial Services
FAR 52.212-3 - Offeror Representations and Certifications?Commercial Products and Commercial Services--Alternate I
FAR 52.222-22 - Previous Contracts and Compliance Reports
FAR 52.222-25 - Affirmative Action Compliance
FAR 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals?Representation
FAR 52.252-5 - Authorized Deviations in Provisions
DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services--Representation
DFARS 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation
DFARS 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements.
DFARS 252.204-7024 - Notice on the use of the Supplier Performance Risk System
DFARS 252.225-7055 - Representation Regarding Business Operations with the Maduro Regime
CLAUSES
The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquisition.gov):
FAR 52.204-7 - System for Award Management
FAR 52.204-16 - Commercial and Government Entity Code Reporting
FAR 52.204-17 - Ownership or Control of Offeror
FAR 52.204-20 - Predecessor of Offeror
FAR 52.204-26 - Covered Telecommunications Equipment or Services--Representation
FAR 52.212-1 - Instructions to Offerors?Commercial Products and Commercial Services
FAR 52.212-2 - Evaluation?Commercial Products and Commercial Services
FAR 52.212-3 - Offeror Representations and Certifications?Commercial Products and Commercial Services--Alternate I
FAR 52.222-22 - Previous Contracts and Compliance Reports
FAR 52.222-25 - Affirmative Action Compliance
FAR 52.252-5 - Authorized Deviations in Provisions
DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services--Representation
DFARS 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation
DFARS 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements.
DFARS 252.204-7024 - Notice on the use of the Supplier Performance Risk System
DFARS 252.225-7055 - Representation Regarding Business Operations with the Maduro Regime
DFARS 252.225-7059 - Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region?Representation
CLAUSES
The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquisition.gov):
FAR 52.204-13 - System for Award Management Maintenance
FAR 52.204-18 - Commercial and Government Entity Code Maintenance
FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems
FAR 52.212-4 - Contract Terms and Conditions?Commercial Products and Commercial Services
FAR 52.232-39 - Unenforceability of Unauthorized Obligations
FAR 52.252-6 - Authorized Deviations in Clauses
DFARS 252.203-7000 - Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002 - Requirement to Inform Employees of Whistleblower Rights
DFARS 252.204-7003 - Control of Government Personnel Work Product
DFARS 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements.
DFARS 252.211-7003 - Item Unique Identification and Valuation
DFARS 252.211-7008 - Use of Government-Assigned Serial Numbers
DFARS 252.223-7008 - Prohibition of Hexavalent Chromium
DFARS 252.225-7056 - Prohibition Regarding Business Operations with the Maduro Regime
DFARS 252.225-7060 - Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
DFARS 252.227-7015 - Technical Data?Commercial Products and Commercial Services
DFARS 252.227-7037 - Validation of Restrictive Markings on Technical Data
DFARS 252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7006 - Wide Area WorkFlow Payment Instructions
DFARS 252.232-7010 - Levies on Contract Payments
DFARS 252.232-7011 - Payments in Support of Emergencies and Contingency Operations
DFARS 252.244-7000 - Subcontracts for Commercial Products and Commercial Services
DFARS 252.247-7023 - Transportation of Supplies by Sea--Basic
Addendum to 52.212-4
FAR 52.232-33 - Payment by Electronic Funds Transfer?System for Award Management
FAR 52.247-34 FOB Destination (NOV 1991)
End of Addendum 52.212-4
The following clause is provided in full text:
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS ? COMMERCIAL ITEMS (JUN 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
_x_ (9) 52.209-6, Protecting the Government¡¯s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (14) [Reserved]
_x_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (16)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18)
(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (19)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages?Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
_x_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
_x_ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_x_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_x_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (32)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_x_ (33)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38)
(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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41)
(i) 52.223-13, Acquisition of EPEAT¢ç-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (42)
(i) 52.223-14, Acquisition of EPEAT¢ç-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (44)
(i) 52.223-16, Acquisition of EPEAT¢ç-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.¡¯s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor¡¯s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Amendment 01
This amendment is to respond to vendor questions:
Q1. We are requesting is native CAD files so we can break down the box into individual pieces to decipher how it's actually put together. The 2D drawing package is incomplete and doesn't provide enough detail without making a lot of assumptions on the exact dimensions of each piece and how it's laid out.
For example: Item number 3 on Drawing 2128453 shows a note of see detail A&B on sheet 2. How do we know where to put each of the two depicted details on the pieces of MIL-DTL-2427 Type II, Class 2 Grade B pieces?
Additionally, there appears to be rope handles on one side of the box. Are we to assume this is a mirror image of the other side? There isn't anything listed on the parts list that identifies the rope handles or the exact placement of the holes that the rope is inserted into on the undefined pieces along the edge of the box. Will this rope be glued in place or have a nail inserted to hold it in place?
R1. There are no CAD files. Item number 3 is bolts and the requiring activity just wants to buy the box, Item number 1 and the corner tray item number 7. Sheet 2 is not relevant. The requiring activity wants a wood box in the stated measurements per MIL-DTL-2427, Type 2 and Class 2. The spec should have all the information about the rope handles and the hardware required.
Amendment 02
This amendment is to respond to venodr questions:
Q2. Would like to know if the lead time for the production quantity can be longer than 30 days.
R2. We will allow and extra 15 days for a total of 45 days after FAT approval
Q3. We do not see the spec regarding the rope handles. Can you elaborate?
R3. Wire rope description is in MIL-DTL-2427 which is available online.
