SPECIAL NOTICE
V -- Armored Car Services 2025
- Notice Date
- 9/13/2024 10:20:32 AM
- Notice Type
- Special Notice
- NAICS
- 561613
— Armored Car Services
- Contracting Office
- 248-NETWORK CONTRACT OFFICE 8 (36C248) TAMPA FL 33637 USA
- ZIP Code
- 33637
- Solicitation Number
- 36C24824Q1611
- Archive Date
- 09/23/2024
- Point of Contact
- Sallieann Wilson, Contract Specialist, Phone: 305.575.7000
- E-Mail Address
-
sallieann.wilson@va.gov
(sallieann.wilson@va.gov)
- Awardee
- null
- Description
- 36C24824Q1611 Page 2 of 26 SECTION B - CONTINUATION OF SF 1449 BLOCK Page 9 of 26 B.1 PERFORMANCE WORK STATEMENT Armored Car Services 1. Introduction. The Government requires Armored Car Services to pick-up/deliver all collected monies from the Bruce W. Carter Veterans Affairs Medical Center s Agent Cashier and the Veterans Canteen Service (VCS) areas to the chosen financial institutions. The services will also include the delivery of change order(s) (coin currency) to the Agent Cashier and Veterans Canteen Service, in support of the Miami VA Healthcare System (Miami, Florida). 2.0 Description / Scope / Objective. 2.1 The Contractor shall provide all labor, equipment, tools, material, supervision and other items and services to perform the work as defined in this Performance Work Statement. 2.2 The Contractor services shall pick up deposits and drop off change orders from the Bruce W. Carter Veterans Affairs Medical Center, Agent Cashier, and Veterans Canteen Service three (3) times a week. 3.0 Applicable Documents. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply: FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation F.S. 493.6115 Florida Statues (F.S.) Section 493.6115 TM 38-400 Joint Service Manual (JSM) for Storage and Materials Handling SCL DOL Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm Glossary. Acronyms used in this PWS are listed below for easy reference: AQL Acceptable Quality Level CMP Contract Management Plan CO Contracting Officer COR Contracting Officer s Representative FAR Federal Acquisition Regulation IAW In Accordance With MVAHS Miami VA Healthcare System PWS Performance Work Statement POC Point of Contact VAMC VA Medical Center BWCMC Bruce W. Carter Medical Center Performance Requirements. 4.1 The Miami VA Healthcare System, Fiscal Service requires routine Armored Car Services to pick up and deliver currency to and from the Medical Centers' locations and financial institutions. Contractor shall provide all labor, supervision, supplies, equipment, tools, materials, all supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for successful completion of the requirements as herein defined for routine Armored Car Services. Armored Car Services shall be confined to the following: Money Pickup Money Transport Money Change Orders Money Delivery 4.1.1 Upon initial entrance to the Miami VA premises, the Contractor will check in with the Miami VA Police service in room 1E105. Miami VA Police will notify the Agent Cashier and the VACS the arrival of the Contractor. Upon completion of the service described in the following two paragraphs, the Contractor will check out with the Miami VA Police service in room 1E105. 4.1.2 The Contractor shall pick up and/or drop off from the Miami VA Agent Cashier at 1201 NW 16th Street, Miami, FL 33125, on Mondays, Wednesdays and Fridays and pick up and/or drop it off at the Trust bank at 1430 NW 20th ST, Miami, FL 33125 by 3:00 PM. 4.1.3 The Contractor shall pick up and/or drop off from the VACS at 1201 NW 16th Street, Miami, FL 33125, on Mondays, Wednesdays and Fridays and pick up and/or drop it off at the Bank of America at 14515 NW 60th Ave, Miami, FL 33014 by 3:00 PM. 4.1.4 The Contractor shall deliver change orders to the Miami VA Agent Cashier and the Miami VA Canteen on the next scheduled visit to each site. 4.1.5 The Contractor shall be in proper uniform, with visible identification and must carry their company issued sidearm in a level three detention holster. 4.1.6 Contractor personnel shall possess a valid and current State of Florida, Division of Licensing, Florida Class ""D"" required license to work as a security officer, and ""G"" carry (limited) firearms and ammunition in accordance to F.S. 493.6115, for the life of the contract. Contractor shall provide original security licenses for review and a copy shall be maintained on file. Contractor shall provide copies of all renewed licenses when applicable. 4.1.7 The Government reserves the right to request a copy of the officer's Florida Class ""D"" and ""G"" security license to confirm validity and currency. Credit shall be issued to the Government by the Contractor, should notification be provided to Contractor 24 hours or more in advance that pickup is not required. (Example: if the Medical Facility unexpectedly closes due to emergencies, etc.) 4.1.8 Credit shall also be issued to the Government if through no fault, a pickup was not attained by the Contractor, such as the Contractor having vehicle problems, weather or traffic conditions. 4.1.9 Contractor shall assume liability for any loss, damage or destruction of property (hereinafter called ""loss"") from the time it is signed for delivered to the consignee designated by the Government to receive same, or in, the event of non-delivery, returned to Government. 4.10 Upon drop off of the day's receipts to the bank; the Contractor shall be given proof of the prior day's deposit which the Contractor shall deliver to the Financial Services Department the next pick up. 4.11 The successful offeror shall provide all vehicles, gasoline, insurance, personnel necessary to accomplish armored car services at the locations as listed in section 4. (Performance Requirements) 4.2 Compensation/Payments. Offeror's monthly billing shall specify the charges incurred, to include: Invoice shall show daily charge (multiplied by) number of days or the monthly charges. Invoice shall list date of change run and charge. Invoice shall list date of credit and amount. 4. 3. Contract Time. 4.3.1 The initial contract period shall be for one (1) base year, and four (4) one (1) year option periods, under the same terms, conditions and specifications contingent upon Budget approval. Performance Location and Hours. 5.1 Primary place of performance is Bruce W. Carter, Miami VA Medical Center, 1201 NW 16th Street, Miami, Florida 33125. 5.2 Government normal duty hours are from 0730-1630, Monday through Friday, excluding Federal holidays. Contractor access will be provided during this period. Government estimate for this work will require a level of effort approximately equal to 24 hours per month. 6.0 Deliverables. The following deliverables shall be required during contract performance: Valid security licenses ""D and G."" Contractor Personnel and Management. 7.1 Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organi7Jltion and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. 7.2 Contractor Badges. Contractor personnel shall wear a laminated contractor identification badge at all times when performing services under this Contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard. 7.3 Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel have the express right to inspect for security violations at any time during the term of the contract. 7.4 All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data. 7.5 The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR. 8.0 Standards of conduct 8.1 Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. 8.2 Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority. Non-Personal Service Statement 9.1 Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor'. employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work."" 10. Performance Standards and Quality Measurement 10.1 Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection. 10.2 The QASP and its performance objectives are as follows: PWS 4.1.1 to 4.1.4 Performance: Pick up/drop off deposits and change orders. Ensure all deposits and change orders follow the delivery and pick up locations and times according to the Government requirement. Acceptable Quality Level: Contractor meets pick up and delivery locations and times 97% of the time. Surveillance Method: The COR will monitor by conversing with the person/s at the location where pick up/delivery is to be received/dropped off to ensure location and timelines are met. Frequency: Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR) will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the PCO will be notified, the performance record will be documented and the PCO may pursue contract action. PWS 6.0 Performance: Licenses Performance: Ensure licenses are valid. Acceptable Quality Level: Employees valid licenses shall be on file 95% of the time. Surveillance Method: COR will perform spot checks to ensure licenses are always current. B,2 PRICE SCHEDULE CLIN Description of Service Est. Quantity Unit Unit Price Amount 0001 BASE YEAR. Pick Up Monies\ Drop off Monies \Deliver Monies M-W-F Arrival & Departure Check-In: Miami VA Police service in room 1E105. Medical Center s Agent Cashier and the Canteen areas to the chosen financial institutions. Delivery of change order(s) (coin currency). 156 JB 1001 OPTION YEAR 1. Pick Up Monies\ Drop off Monies \Delivery Monies M-W-F Arrival & Departure Check-In: Miami VA Police service in room 1E105. Medical Center s Agent Cashier and the Canteen areas to the chosen financial institutions. Delivery of change order(s) (coin currency). 156 JB 2001 OPTION YEAR 2. Pick Up Monies\ Drop off Monies \Deliver Monies M-W-F Arrival & Departure Check-In: Miami VA Police service in room 1E105. Medical Center s Agent Cashier and the Canteen areas to the chosen financial institutions. Delivery of change order(s) (coin currency). 156 JB 3001 OPTION YEAR 3. Pick Up Monies\ Drop off Monies \Deliver Monies M-W-F Arrival & Departure Check-In: Miami VA Police service in room 1E105. Medical Center s Agent Cashier and the Canteen areas to the chosen financial institutions. Delivery of change order(s) (coin currency). 156 JB 4001 OPTION YEAR 4. Pick Up Monies\ Drop off Monies \Deliver Monies M-W-F Arrival & Departure Check-In: Miami VA Police service in room 1E105. Medical Center s Agent Cashier and the Canteen areas to the chosen financial institutions. Delivery of change order(s) (coin currency). 156 JB Total B.3 DELIVERY SCHEDULE ITEM NUMBER QUANTITY DELIVERY DATE 0001 156 1 October 2024 thru 30 September 2025 1001 156 1 October 2025 thru 30 September 2026 2001 156 1 October 2026 thru 30 September 2027 3001 156 1 October 2027 thru 30 September 2028 4001 156 1 October 2028 thru 30 September 2029 36C24824Q1611 Page 1 of 25 Page 20 of 26 Page 1 of 25 SECTION C - CONTRACT CLAUSES 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.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (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 Covered Entities (DEC 2023) (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.) [] (4) 52.203 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a). [] (5) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (6) [Reserved] [] (7) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (8) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (9) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). [] (10) 52.204 28, Federal Acquisition Supply Chain Security Act Orders Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115 390, title II). [] (11)(i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). [] (ii) Alternate I (DEC 2023) of 52.204 30. [] (12) 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). [] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). [] (14) [Reserved] [] (15) 52.219 3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). [] (16) 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). [] (17) [Reserved] [] (18)(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. [] (19)(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. [] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). [] (21)(i) 52.219 9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219 9. [] (22)(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. [] (23) 52.219 14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). [] (24) 52.219-16, Liquidated Damages Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). [] (25) 52.219 27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f). [] (26) (i) 52.219 28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)). [] (ii) Alternate I (MAR 2020) of 52.219 28. [] (27) 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)). [] (28) 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)). [] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [] (30) 52.219 33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). [] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [] (32) 52.222 19, Child Labor Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126). [] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [] (34)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26. [] (35)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JUL 2014) of 52.222-35. [] (36)(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. [] (37) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (39)(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). [] (40) 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.) [] (41)(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.) [] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.). [] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.). [] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.). [] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.). [] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I). [] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48)(i) 52.225-1, Buy American Supplies (OCT 2022) (41 U.S.C. chapter 83). [] (ii) Alternate I (OCT 2022) of 52.225-1. [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (NOV 2023) (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 (FEB 2024) of 52.225-3. [] (v) Alternate IV (OCT 2022) of 52.225-3. [] (50) 52.225 5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [] (51) 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). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) [] (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). [] (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 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 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)). (iv) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (v) 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). (vi) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). (vii) (A) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). (B) Alternate I (DEC 2023) of 52.204 30. (viii) 52.219 8, Utilization of Small Business Concerns (FEB 2024) (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. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (xi) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xvi)(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). (xvii) 52.222-51, Exemption from Application of the Ser...
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