Procurement of C27J Aircraft CELL,BATT CVH 400KA

This is a Notice of Intent for Award to a Sole Source.  This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, 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 Request for Quote (RFQ) 70Z03822QW0000050 incorporates provisions and clauses in effect through Federal Acquisition Circular. The applicable North American Industry Classification Standard (NAICS) Code is 336413.  The small business size standard is 1,250 employees. This requirement consists of the following spare parts utilized on the HC27J USCG aircraft.

Subject: Aircraft Parts and Accessories       Proposed Solicitation Number: 70Z03822QW0000050

Primary Point of Contact: Mr. Terry Blucker at Terence.L.Blucker@uscg.mil

Contract Line Item Number(s): 1

Description: Aircraft Parts and Accessories                     Set-aside Status: None/Sole Source Award

Contingent upon availability of funding, using Simplified Acquisition Procedures, the USCG Aviation Logistics Center (ALC) intends to award a purchase order to the Original Equipment Manufacturer (OEM).  The applicable North American Industry Classification Standard Code is 336413. The Coast Guard intends to issue a firm fixed price purchase order for:

NSN: 6140-14-549-6547, CELL BATT (CVH 400KA), P/N 413597, QTY 50 EACH 

PLEASE NO ALTERNATE PART NUMBERS.

NOTE:  IAW FAR 52.217-6 Increased Quantity, at the time of award, the USCG intends to procure 50 each P/N 413597 for the items specified in the schedule.  The USCG may require procurement of an additional up to 100 each for a maximum quantity of 150 each at the same price as the original order, for up to three hundred and sixty-five (365) days after the initial award date.  Please note that if the USCG chooses to exercise any optional quantity modifications, such modifications will be issued unilaterally to the contractor. 

Offerors should include the following:       

NSN, PART NUMBER, NOMENCLATURE, UNIT PRICE, EXTENDED PRICE, DISCOUNTS, DELIVERY TIME, WARRANTY (IF APPLICABLE), FOB POINT, CAGE CODE, DUNS NUMBER, BUSINESS SIZE, MINORITY CLASSIFICATION (IF APPLICABLE), FACTORY NEW. MUST STATE TRACEABLE TO THE OEM. 

This is an AOG Requirement.  Due to Urgency of Need, the closing date for this intent to award notice is MAR 28, 2022 7:00am EST.  Anticipated award date is also on or about MAR 28, 2022 with an anticipated required delivery date on or before APR 4, 2022. Point of contact for this intent to award notice is Mr. Terry Blucker @ 252-334-5203, Terence.L.Blucker@uscg.mil

52.203-98             Prohibition on Contracting with Entities that Require                                          July 2016

                                Certain Internal Confidentiality Agreements – Representation (Deviation)

(a) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to

Quotes will be accepted via e-mail to the following POC:

USCG Aviation Logistics Center
MRS Product Line                                                                                                                                                                                                               

ATTN: Mr. Terry Blucker, Tel: (252) 334-5203
Elizabeth City, NC 27909-5001

Email: Terence.L.Blucker@uscg.mil                                                                                                            

The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components.  Award will be made to the offeror quoting the lowest price technically acceptable to the USCG.  All responsible sources may submit a quote which shall be considered by the USCG.

Only new items are acceptable. Reconditioned or used items are not acceptable. Offerors must be able to provide necessary certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition and suitable for installation on USCG aircraft.  Prospective vendors who are not the OEM must provide traceability for the materials.  Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location.       

Required delivery schedule is 240 DAYS or less after receipt of order. The offerors shall propose a delivery schedule.  All requests for time extension shall be in writing and shall include substantiation of the need for such time extension in accordance with FAR 52.212-4 (f), Excusable delays.  If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate consideration for the approval of the extended delivery date at which time a modification will be issued to reflect the consideration and extension.                                                                                                                                                  

Drawings or specifications are not available and cannot be furnished by the Government.  F.O.B. Destination is requested as the FOB point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG.  Partial and early deliveries are acceptable if at no additional cost to the USCG.  The offeror shall furnish a Certificate of Conformance (COC) in accordance with FAR clause 52.246-15.  Certificate of Conformance must be submitted in the format specified in the clause.

Packaging, Marking and Preservation                                                                                                                               The offeror shall comply with ASTM D3951-10 (August 01, 2011), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG units without repackaging or incurring damage during shipment and handling.  Items shall be individually packaged and labeled.  Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging.  The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage.  Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage. Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container".

Packing Slip                                                                                                                                                                                                        At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip.  Labeling shall include the National Stock Number, Part Number, Serial Number, Nomenclature, Quantity, Contract Line Item Number, and Contract Number.  Labeling data shall be attached to the outside of the shipping container.   Bar coding is not required.  Certificate of Conformance (COC) shall be placed on the outside of individual containers.        

Shipping Instructions                                                                                                                                                                    Items shall be shipped to the following address:                                                                                                             USCG Aviation Logistics Center
Receiving Section, Bldg. 63
Elizabeth City, NC 27909-5001                                                                                                                                                                

Mark For: Purchase Order No.  (To be assigned at time of award)       

FAR 52.212-1, Instructions to Offerors—Commercial Items (JUL 2021) is incorporated by reference with the following addendum:

(b)     Submission of offers. Questions, comments, and offers/quotes shall be submitted via e-mail only. 

(c)       Period for acceptance of offers.  The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers. 

Unless stated otherwise, quotes/offers are invited on either the basis of F.o.b. Destination or F.o.b. Origin.  F.o.b. Destination is preferred for all deliverables. All quotes/offers shall be considered F.o.b. Destination unless F.o.b. Origin is specified and estimated shipping costs are included.  Quotes/Offers accepted on the basis of F.o.b. Origin require pre-payment of all shipping costs to the address specified at Block 15 of the SF 1449 (page 1). Shipping costs will be reimbursed as a separate item on the invoice.  Shipping costs which exceed $100 must be accompanied by a freight carrier’s invoice. 

Quotes shall be submitted on company letterhead and include the following information: 

1. 1. RFQ Number
   2. Company’s name, address and phone number

The quote shall include the terms of any standard commercial warranty offered or provide a copy of the warranty.

               

(End of provision)

Full Text Provisions

52.233-2               Service of Protest                                                                                                                                                                                                          Sep 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USCG ALC MRS Division

ATTN: Monique H. Swinson

1664 Weeksville Road

Elizabeth City, NC 27909

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision)

FAR 52.212-2, Evaluation—Commercial Items                                              Oct 2014

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.  Award will be made on the basis of the lowest evaluated price of quotes/offers meeting or exceeding the technical acceptability non-priced factors listed below.

Technical Acceptability: A quote must include the following to be considered technically acceptable:

Proof of current FAA certification, or OEM, or Air force approval, to supply the components specified by the Schedule.

Parts quoted must be certified “Factory New” FN condition with Certificate of Conformance traceable to the manufacturer of the parts.

Note:  In the event the Offeror has no documented history with the USCG components specified by the SOW, the Government may request and the Offeror will be obligated to provide information supporting their capabilities.

Price:

FFP quotes shall be submitted using the attached schedule, labeled with the RFQ number.  Any discounts for prompt payment should be included in this section.  Replacement parts or processes specifically excluded in the quote will result in rejection of the quote.

If the lowest quote/offer meets or exceeds the technical acceptability factors shown above, the Government will evaluate no other quotes. 

The Government intends to award one (1) order resulting from this solicitation; however reserves the right to award multiple orders if doing so is in the best interest of the Government. (End of provision)

52.212-3  Offeror Representations and Certifications-Commercial Items                               (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. (End of provision)

FAR 52.212-4  Contract Terms and Conditions Commercial Items (Oct 2018) with the following included by addendum:

Quality Assurance:

This section is applicable to all orders for products that will ultimately touch USCG aircraft.  

1. The Contractor shall, immediately upon discovery, notify and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airworthy condition of any product or component (to include components used in repairs) found to potentially cause a non-conformity to the original specifications of this order. The Government reserves the right to inspect any non-conforming product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component. 
2. The Contractor’s quality control manual shall address in detail the Contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes.
3. The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product.  Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications.
4. Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The Contractor shall allow the Government access to all applicable areas of the Contractor’s facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with FAR. 
5. The Contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The Contractor shall be required to permit Government access to applicable records retained at any level of the supply chain. 
6. Unless otherwise specified, the Contractor shall flow down all requirements in this order to their supply chain, to include all subcontractors and suppliers. 

Packaging Instructions:

1. The USCG Aviation Logistics Center (ALC) is a supply depot; therefore, material will be stored and transshipped to various users.  The container shall be packed and labeled suitable for shipment via land, air, or sea. Packaging material shall NOT consist of the following:  popcorn, shredded paper, Styrofoam of any type, or peanut packaging.
2. Each part shall be individually packed in a separate envelope, box, carton or crate.  For bulk packages, packaging of material up to 100 each per package is acceptable.  Each individual container shall be labeled on the inside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number.  Packing List and Certification/Documentation shall be placed on the outside of individual containers.
3. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage.  Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year.

Shipping Instructions:

1. Items shall be shipped to the following address:

                      USCG Aviation Logistics Center

                      Receiving Section, Bldg. 63

                      1664 Weeksville Road

                      Elizabeth City, NC  27909-5001

Purchase Order Number: 70Z03822P__0000__ __ __

Inspection and Acceptance:

1. Inspection and acceptance of material under this order shall be performed at destination by local USCG personnel to ensure that items are IAW manufacturer's specifications and will consist of count and condition only.
2. A Certificate of Conformance (COC) IAW FAR 52.246-15 shall be required for all items provided on this order. The COC must include the National Stock Number, Part Number, Serial Number, and Purchase Order Number and must be signed by the Contractor’s authorized representative.
3. Full and clear traceability must be provided with delivery of each part.  If full and clear traceability is not provided, ALC will not accept delivery of the part and invoicing may not be approved for payment.

****TRACEABILITY. Traceability means that the contractor must be able to show a clear documented, auditable paper trail for ownership and transfer of each part from the OEM to the final vendor.  Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container".

Vendor is the OEM. Traceability not required.

          Traceability is required.

1. Contractor must provide the following documentation if selected:

 Certificate of Airworthiness in accordance with FAA procedures (FAA Form 8130-3/8130-4 or EASA 1 Form).

 Certificate of Conformance in accordance with FAR 52.246-15 is required.

 PMA documentation required.

          Other documentation (fill in blank as necessary): ___________________________

Invoicing Instructions:

The contractor’s invoice shall be submitted IAW FAR 52.212-4 to the designated billing office for payment as noted below.  The Contractor is HIGHLY encouraged to submit invoices electronically to ALC-Fiscal@uscg.mil.

Chief, Fiscal Branch

USCG ALC

Fiscal Branch, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909

All payments will be made electronically IAW FAR 52.232-33.  The contractor may submit invoice five (5) days after shipment of items.  The invoice will not be approved until all items have been receipted.

F.o.b. Destination order prices include all applicable customs, duties, taxes, and shipping charges.

F.o.b. Origin orders require prepayment of all shipping costs to the address specified in Block 15 on the SF 1449, page 1. Shipping costs must appear as a separate item on the invoice. A carrier’s invoice must accompany the invoice when shipping costs exceed $100.

 

FAR 52.252-2 Clauses Incorporated by Reference                                         Feb 1998

This contract incorporates one or more clauses by reference, with the same for 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 address:  https://www.acquisition.gov/far/index.html.

FAR 52.225-8            Duty Free Entry                                                                                  Feb 2000
FAR 52.204-7            System for Award Management                                        Oct 2018

FAR 52.204-13          System for Award Management Maintenance                   Oct 2018

FAR 52.204-16          Commercial and Government Entity Code Reporting       Aug 2020

FAR 52.204-18          Commercial and Government Entity Code Maintenance         Jul 2016

FAR 52.246-15                                                                                                                                                                  Certificate of Conformance                                                                   Apr 1984

FAR 52.247-29                    F.o.b. Origin                                                                                                                                                                                                                                               Feb 2006

FAR 52.247-34                    F.o.b. Destination                                                              Nov 1991

HSAR 3052.212-70            Contract Terms and conditions applicable to DHS

Acquisition of commercial items (Sep 2012)

Federal Acquisition Regulation (FAR) Full Text Clauses

 52.217-6 Option for Increased Quantity                                                                                                                             Mar 1989

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within a year after purchase order.  Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems                                                     Jun 2016                                           

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). “Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).  “Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of clause)

FAR 52.252-6 Authorized Deviations in Clauses                                                               Nov 2020

(a)  The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)  The use in this solicitation or contract of any HSAR (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20-05)

(a) Definitions. As used in this clause¬

"Covered article" means any hardware, software, or service that¬

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means¬

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from¬

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting

Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c )(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c) (l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. 

(End of clause)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05 REV 2) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.219-14 Limitations on Subcontracting.

As prescribed in 19.507(e), insert the following clause:

Limitations on Subcontracting (OCT 2021) (DEVIATION OCT 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

  (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

  (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

  (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

  (2) Part or parts of a multiple-award contract that

have been set aside for any of the small business concerns identified in 19.000(a)(3);

  (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

  (4) Orders expected to exceed the simplified acquisition threshold and that are—

  (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

  (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

  (5) Orders, regardless of dollar value, that are—

  (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

  (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

  (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

  (1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

  (2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

  (3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

  (4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

  (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

                [Contracting Officer check as appropriate.]

__ By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

  (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

                                  (End of clause)

52.222-19 Child Labor—Cooperation with Authorities and Remedies. (DEVIATION 20-07)

Changes from FAC 2022-03 Applied (1 JAN 2022)

As prescribed in 22.1505(b), insert the following clause:

CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES  (DEVIATION 20- 07)

1. Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

1. Israel, and the anticipated value of the acquisition is $50,000 or more;
2. Mexico, and the anticipated value of the acquisition is $83,099 or more; or
3. Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

1. Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
2. Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
   1. The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
   2. The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
   3. The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
   4. The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
3. Remedies. (1) The Contracting Officer may terminate the contract.

1. The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
2. The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)(DEVIATION Apr 2020)

 (a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2022)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

 (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note). [Applies $30K+]

 (5) [Reserved].

 (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

 (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.111-117, section 743 of Div. C).

 (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101note). [Applies $35K+]

 (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 (SEP 2021) (15 U.S.C.657a).

 (ii) Alternate I (MAR 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

 (ii) Alternate I (MAR 2020) of 52.219-4.

 (13) [Reserved]

 (14) (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.

 (15) (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.

 (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 (NOV 2021) (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 (JUN 2020) of 52.219-9.

 (18) (i) 52.219-13, Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

 (19) 52.219-14, Limitations on Subcontracting (NOV 2021) (15 U.S.C.637(a)(14)). [IAW FAR 19.507(e)(1) not applicable under $250K – Therefore Deviation is not applicable]

 (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021)

(15 U.S.C. 657f).

 (22) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2021)  (15 U.S.C. 632(a)(2)).   (ii)  Alternate I (MAR 2020) of 52.219-28.

 (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).

 (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

 (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

 (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). [Supplies Only]

 (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126) [Supplies Only]

 (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [Applies $10K+ if 52.222-26 applies]

 (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). [Applies $10K+ unless work is outside U.S.]

 (ii) Alternate I (FEB 1999) of 52.222-26.

 (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

 (ii) Alternate I (JUL 2014) of 52.222-35.

 (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). [Applies $15K+]

 (ii) Alternate I (JUL 2014) of 52.222-36.

 (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

 (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

 (35) (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. chapter78 and E.O. 13627).

 (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 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.) [Applicable over $150K]

 (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

 (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

 (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

 (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

 (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

 (ii) Alternate I (OCT 2015) of 52.223-13.

 (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

 (ii) Alternate I (Jun 2014) of 52.223-14.

 (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

 (43) (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.

 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

 (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

 (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

 (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

 (ii) Alternate I (JAN 2017) of 52.224-3.

 (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83). [Supplies Only]

 (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (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. [Supplies Only]

 (ii) Alternate I (MAY 2014) of 52.225-3.

 (iii) Alternate II (MAY 2014) of 52.225-3.

 (iv) Alternate III (MAY 2014) of 52.225-3.

 (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [Supplies]

 (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [Applies $10K+ unless exemption applies]

 (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

 (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

 (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

 (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

 (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505,

10 U.S.C.2307(f)).

 (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

 (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)(31 U.S.C. 3332).

 (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

 (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332).

 (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

 (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

 (63) (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). [Ocean Transportation of Supplies]

 (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:

End of Clause