SAMDaily.us | PRESOL | X | IN4012 Veteran Affairs Central Office (VACO) Employee Subsidized Parking Program / Veterans Affairs (VA) Official Vehicles Parking (VA-23-00081931)

SAMDAILY.US - ISSUE OF SEPTEMBER 03, 2023 SAM #7950
SOLICITATION NOTICE

X -- IN4012 Veteran Affairs Central Office (VACO) Employee Subsidized Parking Program / Veterans Affairs (VA) Official Vehicles Parking (VA-23-00081931)

Notice Date: 9/1/2023 9:21:02 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 812930 — Parking Lots and Garages
Contracting Office: SAC FREDERICK (36C10X) FREDERICK MD 21703 USA
ZIP Code: 21703
Solicitation Number: 36C10X23Q0300
Response Due: 9/13/2023 10:00:00 AM
Archive Date: 09/27/2023
Point of Contact: Derek Devine, Contract Specialist, Phone: 240-215-1628
E-Mail Address: Derek.Devine@va.gov
(Derek.Devine@va.gov)
Awardee: null
Description: 36C10X23Q0300 Page 1 of Page 8 of 31 Page 1 of This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), 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. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C10X23Q0300. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-04, effective June 2,2023, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil. This Solicitation is being competed unrestricted. The NAICS Code is 812930 Parking Lots and Garages and the business size standard is $38.5 million. The Department of Veterans Affairs Central Office (VACO) requires forty-six (46) unreserved parking spaces and fourteen (14) reserved parking spaces for a total of sixty (60) spaces co-located in the same garage located within a 2-block proximity to 810 Vermont Avenue, Washington D.C. Respondents are to quote Firm Fixed Prices for all line items on the B.4 Price Cost Schedule. Any award resulting from this solicitation will be issued on a Standard Form 1449. Note: To receive an award resulting from this solicitation, respondents must be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov. Contractors are advised that any and all questions concerning this solicitation must be sent via email to derek.devine@va.gov and Carey.Kauzlarich@va.gov. Questions may not be answered if received after 09/06/2023. Quotes shall be emailed to derek.devine@va.gov and Carey.Kauzlarich@va.gov. Quotes received after 1:00 PM Eastern time on the due date indicated in SAM.gov may not be accepted. SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 CONTRACT ADMINISTRATION DATA 11. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: TBD POC: Email: Phone: b. GOVERNMENT: Strategic Acquisition Center Frederick Department of Veterans Affairs 5202 Presidents Court, STE 103 Frederick, MD 21703 Contracting Officer (CO): Carey M. Kauzlarich Carey.Kauzlarich@va.gov (202) 740-6280 Contract Specialist (CS): Derek Devine derek.devine@va.gov 202-695-6755 Contracting Officer s Representative (COR): TBD Department of Veterans Affairs Central Office (VACO) Parking Program B.2 INVOICING INSTRUCTIONS General invoicing instructions are included here. Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA. GOVERNMENT INVOICE ADDRESS: TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number. All invoices need to also be submitted using the same line-item format in the contract or order. Vendor Electronic Invoice Submission Methods: Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below. 1. VA s Electronic Invoice Presentment and Payment System The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge. 2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org. Vendor e-Invoice Set-up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below. Tungsten e-Invoice setup information: 1-877-489-6135 · Tungsten e-Invoice email: VA.Registration@tungsten-network.com VA TUNGSTEN Number: AAA544240062 FSC e-Invoice contact information: 1-877-353-9791 · FSC e-Invoice email: vafsccshd@va.gov · FSC Internet: http://www.fsc.va.gov/einvoice.asp B.3 PERFORMANCE WORK STATEMENT General information Title of Project: Veteran Affairs Central Office (VACO) Employee Subsidized Parking Program / Veterans Affairs (VA) Official Vehicles Parking. Scope of Work: The purpose of this requirement is to acquire) parking spaces. Period of Performance: The period of performance shall be a base period of 12 months, with four 12-months option periods. Type of Contract: This will be a firm fixed price contract. General Requirements The VA requires unreserved parking spaces and reserved parking spaces co-located in the same garage located within a 2-block proximity to 810 Vermont Avenue, Washington D.C. The contractor shall be responsible for ensuring all parking spaces are always accessible to the VA. The contractor shall be responsible for removing any unauthorized vehicles parked in the reserved parking spaces. The contractor shall ensure all spaces are always unblocked and allow for unobstructed entry and exit, unless the garage does not allow self-parking and the valet services are covered in the unit price. Parking spaces shall be in an indoor, covered, and secured parking facility. The facility shall be well lit at all times and maintain a clean environment throughout the facility. A call button shall be on all levels of the facility in case assistance is required from the parking attendance office. The facility shall be accessible to permit holders twenty-four (24) hours a day, seven (7) days a week, including all federal government holidays. The facility shall always be secured. All interior stairwells and exit doors shall be secured to prevent intruders. Parking passes shall be generated, if required by the garage, by the contractor and submitted to the VA s Contracting Officer Representative (COR) by the 15th of each month of the prior month. C. Quality Assurance Surveillance Plan (QASP) The Government will utilize a QASP throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion. Metric PWS Section Standard (acceptable quality Level) Surveillance Method Incentives/Disincentives for not meeting performance Standards Facility B.3 The contractor meets the standards outlined in this section 95% of the time Observation, random inspection, customer feedback Exercise of Option Period/Performance Rating Accessibility B.4 The contractor meets the standards outlined in this section 95% of the time Observation, random inspection, customer feedback Exercise of Option Period/Performance Rating Access B.5 The contractor meets the standards outlined in this section 95% of the time Observation, random inspection, customer feedback Exercise of Option Period/Performance Rating Parking B.6 The contractor meets the standards outlined in this section 95% of the time Observation, random inspection, customer feedback Exercise of Option Period/Performance Rating Acceptable Performance The Government will document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action. Unacceptable Performance When unacceptable performance occurs, the COR will inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR will document the discussion and place it in the COR file. When the CO determines formal written communication is required, the COR will prepare a Contract Discrepancy Report (CDR) and present it to the Contractor's program manager. The Contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the Contractor has to take corrective action. The CDR will also specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CO shall review the Contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. D. CHANGES TO THE PERFORMANCE WORK STATEMENT All changes to this PWS shall be authorized and approved only through written correspondence from the CO. Change requests will be monitored by the CO. No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions under this effort. B.4 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12.00 MO __________________ __________________ Parking Spaces: 46 unreserved parking spaces. Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 0002 12.00 MO __________________ __________________ Parking Spaces: 14 reserved parking spaces. Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 1001 12.00 MO __________________ __________________ Parking Spaces: 46 unreserved parking spaces. Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 1002 12.00 MO __________________ __________________ Parking Spaces: 14 reserved parking spaces. Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 2001 12.00 MO __________________ __________________ Parking Spaces: 46 unreserved parking spaces. Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026 2002 12.00 MO __________________ __________________ Parking Spaces: 14 reserved parking spaces. Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026 3001 12.00 MO __________________ __________________ Parking Spaces: 14 reserved parking spaces. Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027 3002 12.00 MO __________________ __________________ Parking Spaces: 46 unreserved parking spaces. Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027 4001 12.00 MO __________________ __________________ Parking Spaces: 46 unreserved parking spaces. Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028 4002 12.00 MO __________________ __________________ Parking Spaces: 14 reserved parking spaces. Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028 GRAND TOTAL __________________ 36C10X23Q0300 Page 1 of Page 19 of 31 Page 1 of SECTION C - CONTRACT CLAUSES C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration. (End of Clause) C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests; (4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor. (End of Clause) C.6 52.252-2 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Clause) FAR Number Title Date 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS JUN 2020 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES DEC 2022 52.232-18 AVAILABILITY OF FUNDS APR 1984 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022 852.203-70 COMMERCIAL ADVERTISING MAY 2018 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION) JAN 2023 852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019 (End of Addendum to 52.212-4) C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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: [X] (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] [X] (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] [] (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. [X] (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. 657s). [] (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). [] (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)). [] (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) l(26) 52.219 33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). [X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [] (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. [X] (34) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (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). [X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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®-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®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) 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®-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 (JUN 2016) (E.O. 13693). [] (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (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 (NOV 2007) (42 U.S.C. 5150). [X] (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 (OCT 2018) (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. chapter 67). [] (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) (29 U.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 ...
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