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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 10, 2019 FBO #6528
SOLICITATION NOTICE

39 -- Rescue Boat Davit

Notice Date
10/8/2019
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
333923 — Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
 
Contracting Office
Department of the Army, US Army Corps of Engineers, USACE District, New York, Attn: CENAN-CT, 26 Federal Plaza, New York, New York, 10278-0090, United States
 
ZIP Code
10278-0090
 
Solicitation Number
W912DS20T0001
 
Archive Date
11/8/2019
 
Point of Contact
Matthew Lubiak, Phone: 9177908089, Erica Miller, Phone: 9177908121
 
E-Mail Address
matthew.lubiak@usace.army.mil, erica.b.miller@usace.army.mil
(matthew.lubiak@usace.army.mil, erica.b.miller@usace.army.mil)
 
Small Business Set-Aside
N/A
 
Description
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. SOLICITATION: W912DS20T0001 This is a Request for Quotes (RFQ) for commercial items in accordance with FAR Part 12. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. This procurement is being solicited as a 100% SMALL BUSINESS SET-ASIDE. The applicable NAICS Code 333923 - Overhead Traveling Crane, Hoist and Monorail System Manufacturing. The small business size standard is 1,250 employees. CONTRACT LINE ITEMS: ITEM NO 0001: Davit Description: New marine rescue boat davit for the Drift Collection Vessel (DCV) Hayward in accordance with the specifications stated below. Unit: Each Quantity: 1 Price: $____________________ Offeror Information: Company Name: ____________________ DUNS: ______________ CAGE: __________ Signature:_____________ Date: ___________ SPECIFICATIONS: C001 PURPOSE The Army Corps of Engineers, New York District, is issuing this solicitation, for the acquisition of a new marine rescue boat davit for installation on the Drift Collection Vessel (DCV) HAYWARD. The davit will be installed by others on the boat deck of the HAYWARD and replace the existing boat davit which operates in the New York/New Jersey Harbor operating area. Davit shall be similar in size and weight to Nautical Structures EURO2000-3-144 davit. C002 REGULATORY STANDARDS The manufacturer shall design and construct the davit in conformance with the following standards: • Davit shall be USCG approved and ABS certified • US Army Corp of Engineers' Safety Manual: EM385-1-1 C003 PURCHASER SUPPLIED INFORMATION PRIOR TO PURCHASE The following information is supplied to the Offeror for correctly sizing the davit sought in this solicitation: a) Safe working load (SWL) at all boom/arm angles a. 2,000 lbs b) Type of lifts: a. 1500 lbs rescue boat b. 800 lbs Stern anchor c) Boom Length and configuration - a. 12 ft. boom measured from the center of rotation to the end of the main boom/arm d) Type of Vessel the davit is installed on - bottom supported structure a. Drift Collection Vessel / Harbor Tug b. Davit to be mounted on boat deck using a contractor supplied above deck structure. e) Min/Max reach dimensions of main boom a. 46in minimum reach when boom fully raised b. 142in maximum reach with boom horizontal c. Height of the rotating davit shall be 22", and the pedestal shall be 48". Maximum height of pedestal and rotating davit shall be no more than 70 inches. f) Significant wave heights for davit operation a. Vessel operates primarily on the NY/NJ harbor and its tributaries: b. Max wave height: 3-5 feet g) Wind Speeds for davit operation a. Maximum Wind speed for safe davit operation: 40 MPH h) Davit Calculations and Ratings Method a. Legacy Method for no wind and no waves i) Hazardous area classification a. None C004 DAVIT TECHNICAL DELIVERABLES REQUIREMENTS The following information shall be provided within 30 days after receipt of Notice to Proceed so that the Army Corps of Engineers - Marine Design Center, can perform calculations on intact stability and davit load handling stability to safely operate the davit on the deck of the DCV Hayward. The information is imperative to validate the adequate performance of the davit on the vessel, in order to ensure that the above deck foundation and the vessel's structure can support the offered davit. All drawings shall be prepared in CADD form, and shall conform to the American National Standards Institute (ANSI) Standard Y14. Drawings shall be flat, folded to 8-1/2" x 11" size and trimmed to within 1/2" of the outer border. Drawing size shall be format A (horizontal or vertical) or D as defined by ANSI Y14.1. In no case will drawings of any other size or format be accepted. Title blocks shall conform to ANSI dimensions and shall be submitted to MDC for approval before use. Drawings of two or more sheets shall have follow-on sheets titled according to ANSI Y14.1 for continuation sheets and shall not be separately titled. Pedestal and any equipment mounted to the pedestal: The pedestal shall be considered to be all non-rotating components of the davit. The pedestal is considered to be the lower and upper sections of the pedestal required in this contract: • The weight of the pedestal is = __ • The height of the pedestal is =_48"__ • The diameter of the pedestal is =__16"__ • The material the pedestal is constructed from is = ___ • The vertical distance from the deck to the center of gravity of the pedestal is = ___ • The weight of any other item(s) attached to the pedestal is = ___ Upperworks Weight and CG: The Upperworks as used here, shall include the rotating works, counterweight (if provided), hydraulic power unit (if mounted on the rotating works) and all other rotating components of the davit, to include the hydraulic lift cylinders • The weight of the upperworks is = __ • The weight of the counterweight alone is = __ • The horizontal longitudinal distance from the axis of davit rotation to the center of gravity of the upperworks is = (positive if measured to the side opposite the boom) • The horizontal transverse distance from the axis of davit rotation to the center of gravity of the upperworks is = ___ • The vertical distance from the deck to the center of gravity of the upperworks is = __ • The tail swing of the davit is = ___ Boom Weight and CG: • The horizontal distance from the davit rotating axis to the boom heel pin is = ___ • The vertical distance from the deck to the boom heel pins is = ___ • The weight of the 12 ft boom is = ___ • The straight distance from the boom heel pin to the center of gravity of the 12 ft boom is = ___ Davit Weight and Overturning Moment: Additional Documentation: The deliverables listed below shall be provided prior to final acceptance of the davit by the Government, Two (2) electronic copies of the following documents shall be provided. These must be a CD/DVD format due to hardware restrictions on government computers. In addition, printed and bound hard copies of the following manuals (quantity in parentheses) shall be provided: • Davit Operator's Manual (3), • Davit Parts Manual (3), • Davit Capacity Manual (3), • Davit Service Manual (3), • Davit General Arrangement Drawing with Weights and Centers of Gravity (1) and overturning moment, • Wire Rope Certificates of Compliance with ASME B 30.5 and B30.8 (1), • Any systems drawings not included in the above list (3). C005 Davit Required Capacities Main Hoist Lift Capacities: The main hoist of the davit shall be able to meet or exceed the fully revolving lift capacities identified below: • 2,000 lbs maximum lift capacity at all boom angles The davit shall be capable of performing these lifts with the 12' boom, in a floating service condition with an allowable out of level machine list/trim limit of not less than 3 degrees. The davit shall be able to handle a minimum 3 degrees of machine list and trim simultaneously. The davit manufacturer is required to provide all davit load capacity tables for operation of the hoist that can be considered at a minimum 3 degrees of machine list or trim. All load charts shall be in the English language using Imperial units (feet and lbs). C006 DAVIT HYDRAULIC POWER UNIT The davit shall be powered by an electric driven hydraulic power unit. The HPU motor shall be a 208 VAC 3 phased 60 Hz marine grade TEFC motor. Motor heaters shall be provided. All motors shall be drip-proof protected, except those exposed to the weather, which shall be of waterproof construction. All motors shall be NEMA type, and shall be sized and designed for continuous operation of the driven auxiliary at rated capacity. All motors shall be designed for an ambient temperature of 50 degrees C. All motors shall be equipped with anti-friction bearings. All motors using grease lubricated bearings shall be provided with grease fittings and shall have positive means for preventing grease from being forced out upon the motor windings. The HPU can be mounted on the rotating works and shall be a self-contained unit. The HPU shall not use the davit's pedestal as a hydraulic reservoir. All hydraulic fittings shall use stainless steel fittings. All hydraulic hoses shall utilize stainless steel hose ends. C007 DAVIT CONTROLS The following davit controls shall be provided: • Removable, Hand held, 2 spd hi/lo remote control with connectors and wander-lead • Anti-two block limit control for hoist, The contractor shall protect all controls from both electro-magnetic and radio frequency interference. C008 DAVIT DRUM The davit shall be provided with a single main hoist drum. The drum shall have a line speed of 50 fpm with two wraps on the drum. C010 DAVIT SWING SYSTEM The swing system shall be capable of 1.5 rpm fully revolving maximum rotating speed (without hook load and with the boom up against the stops). The davit rotating bed shall be fabricated of high strength steel mounted on a turntable single row ball bearing. The brake shall provide 360 degree positive swing lock. C011 DAVIT BOOM The davit boom shall be all aluminum alloy. The boom shall be provided with rope guides and a mechanical boom angle measuring device. The boom shall be 12 feet in length. C012 WIRE ROPE All wire rope shall be furnished with certificate stating its conformance to the requirements of ASME B30.8. All wire rope required for rigging the davit with the 12 ft boom and load block shall be provided. Contractor shall provide sufficient wire rope to enable the davit to reach the water 35 feet below the rotating works with the boom tip at a 5' radius. There shall always be a minimum of three wraps left on the hoist winch drum. C013 Davit Coating Upon Delivery the davit shall be coated with Coating System equivalent to current on DCV Hayward, with a safety yellow finish. C014 DAVIT TESTING Davit load and operational testing shall be performed by the manufacturer and verified the ABS at the manufacturer's facility. The manufacturer will provide all test results to the Government and ABS certification prior to delivery of the davit. Load and operational testing shall be repeated after the davit is assembled by the Government at the delivery location, with manufacturer present to provide technical support and guidance. The davit will be operated by a Government davit operator at all times during davit testing at the delivery location. All testing shall conform to section 16.F of EM 385-1-1. The contractor shall supply all test weights. The test weights shall be certified to the satisfaction of the government representative. C015 DAVIT FACTORY TESTING Hoist Proof Load Test: Proof load test the davit main hoist by lifting the certified test load and booming out to the corresponding maximum working radius. • Demonstrate power down capability. Raise and lower the proof load, and smoothly stop and start hoist movement at least two times in each direction to demonstrate satisfactory operation of the hoisting system. • With the test load suspended, the operator shall raise the boom to the maximum permissible boom angle, (minimum radius). During this maneuver, the operator shall smoothly stop the boom and hold the load at least two times booming up and two times booming down. C016 DAVIT OPERATIONAL TESTING The contractor shall demonstrate the capability of the davit to swing unloaded at or above the rated speed. This test shall be performed in both directions. C017 DAVIT DELIVERY Following satisfactory completion of all tests and correction of all deficiencies at the manufacturer's facility, and receipt of all contract deliverables, the contractor shall prepare the davit for transport and deliver the davit to the following location: US Army Corps of Engineers DCV Hayward 3 Chapel Ave Jersey City, NJ 07305 C018 ASSEMBLY The davit will be assembled and installed by the government during the shipyard period. The contractor shall provide a technical representative(s) to direct and supervise unloading and assembly, and perform all testing. The government will provide the labor to assemble and test the davit. The government will provide an operator for the davit. C019 Operational Training The contractor shall provide technical representative to give proper training to operate the davit prior to final testing and acceptance. C020 FINAL TESTING AND ACCEPTANCE With the davit's assembled on the vessel, all tests required under sections C015 and C016 shall be repeated to the satisfaction of the government representative. The contractor shall be responsible for providing test weights sufficient to repeat the testing accomplished at the manufacturer's facility. Final Acceptance of the davit shall be made following successful testing of the davit on the vessel and upon verification that the contractor has delivered the davit "Assembled and Ready for Service" as defined below. Prior to Final Acceptance, the davit shall be clean inside and out and: • All trash and delivery related material has been removed and disposed of by the contractor. • All loose items of outfit are in their proper place. • All electrical and mechanical systems are operational. • All equipment has been properly adjusted and instruments and electronics are calibrated or aligned. • All fluid consumable tanks are filled up. • All paint damaged has been repaired. • All manuals, special tools, maintenance tools, special adjustment tools and monitoring equipment have been delivered. C021 LOCAL SERVICE PROVIDER An approved service provider and parts supplier shall be identified within 600 miles of the location of final delivery. The manufacturer shall indicate the name and location of the supplier along with a designated contact person in their proposal. C022 DAVIT WARRANTY The davit's warranty shall extend for one year from the date when the davit is placed into service. "Assembled and Ready for Service", and the Contracting Officer's Representative has issued Final Acceptance. During the warranty the contractor shall be responsible for repairing and/or replacing all items of equipment or systems that are found defective or that have become inoperative. C023 CONTRACT DURATION The contractor shall have 120 days from the issuance of Notice to proceed to construct, test, and deliver the davit in accordance with all of the provisions of this specification. Delivery: The Contractor shall deliver the new bearings within six (6) weeks of awarded purchase order to: Drift Collection Vessel HAYWARD Caven Point Marine Terminal 3 Chapel Ave Port Liberte Jersey City, NJ 07305 INSTRUCTIONS FOR QUOTERS: In order for a bid to be acceptable, the Offeror shall comply with the following minimum requirements: A. The Offeror shall have a minimum of 10 years of experience in manufacture, repair and inspection of marine shaft bearings. Offerors shall provide documentation with the offer to demonstrate that they comply with the minimum requirements above. Quotes shall be submitted by email, as a PDF document to matthew.lubiak@usace.army.mil and must be received by 16 October 2019 at 4:00PM. Quotes must be signed and dated, and completed with prices for all contract line items (CLINs). Quoters are reminded to ensure that online Representations and Certifications in SAM are up to date, or may provide completed Representations and certifications with their quote. Quotes must conform to the solicitation requirements to be eligible for award. The lowest price quote that conforms to the solicitation requirements will be considered the best value to the Government and will be selected for award of a firm fixed price contract/purchase order. POINTS OF CONTACT: Contract Specialist: Erica Miller 917-790-8121 Erica.B.Miller@usace.army.mil Contracting Officer: Matthew Lubiak 917-790-8089 matthew.lubiak@usace.army.mil U.S. Army Corps of Engineers, New York District 26 Federal Plaza, Room 1843 New York, NY 10028-0090 CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7003 Agency Office of the Inspector General DEC 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. DEC 2018 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [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). ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2018) (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 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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Aug 2018) 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 (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. ___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (ii) Alternate I (July 2014) of 52.222-35. X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (ii) Alternate I (July 2014) of 52.222-36. ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (49) 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). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. ___ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (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 (Jan 2019) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause)
 
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