RETURN FAN


Subject: RETURN FAN
Solicitation Number: 15B20722Q0000003
Notice Type: SOLICIT
NAICS: 333415
Notice Published: 11-24-21
Response Due: 11-29-21

Agency: Department of Justice
Office: FEDERAL PRISON SYSTEM / BUREAU OF PRISONS
Contact: adam king This email address is being protected from spambots. You need JavaScript enabled to view it. Ph: (570) 522-7579
Office Address: LEWISBURG, PA 17837
Place of Performance: PA 17837


Click for official SAM (FBO) notice, additional information, and accompanying attachments

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quote (RFQ) and the number is RFQ15B20722Q00000003. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-01 (November 4, 2021) The North American Industry Classification Code is 333415 This requirement is not set aside for small business concerns. The size standard is 1,250 employees. The U.S. Penitentiary in Lewisburg intends to enter into a firm-fixed price contract for the following commercial item: Schedule: Evaluation process: This is a brand name or equal request. Trade off will be considered when evaluating price. Lowest price technically acceptable will not be one evaluation factor. We reserve the right to consider certain factors when evaluating price, such as delivery time frame, features of the equipment, warranty, product support, timliness to fix and/or replace units etcin deeming paying more in relation to a "trade off" of what is deemed more valuable and in the best interest of the Government. Quantity (1) : F.O.B Destination Must meet or exceed the following specifications -1 York brandCTI-445 10 HP return fan or equal in salient characteristics -1 CI VS3-010-B-N2B-3 10 HP BSD drive with bypass or equal in salient characteristics -1 Metasys P2AAN-BC001N01 control panel with display for control of return fan or equal in salient characteristics **Please provide delivered pricing** Solicitation Provisions: 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far 52.212-1, Instructions to Offerors - Commercial Items (January 2017); Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items: Vendors shall submit signed and dated offers either by mail, or e-mail. E-mail address is: This email address is being protected from spambots. You need JavaScript enabled to view it.. The mailing address is: USP Lewisburg 2400 Robert F. Miller Drive Lewisburg, PA 17837 Attn: Adam King The date and time for receipt of quotes is November 29th, 2021at 2:00PMEastern Standard/Daylight Time. Offer must indicate Solicitation No. 15B20722Q00000003, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include a completed copy of representations and certifications at FAR 52.212-3, and acknowledgment of all amendments, if any. Please note any offers that fail to furnish required representations and certifications, past performance information or reject the terms and conditions of the solicitation may be excluded from consideration. The Government may make award without discussions; therefore, the offeror's initial offer should contain its best pricing. Offerors should include their Data Universal Number System (DUNS) number on the quote. Award will be made to the offeror providing the offer which is determined to be the most advantageous to the Government after considering price and price related factors, to include past performance. Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offeror must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered. Questions regarding this requirement may be addressed in writing to Adam King, at This email address is being protected from spambots. You need JavaScript enabled to view it.. All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site: http://www.acquisition.gov/far. 52.212-2 Evaluation - Commercial Items (Oct 2014) (a) 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. The following factors shall be used to evaluate offers: PRICE TECHNICALLY ACCEPTABLE PAST PERFORMANCE Warranty Delivery Time Features [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304);?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are __________________________________________________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3, Offeror Representations and Certifications - Commercial Items (November 2017) This provision is included as an attachment in full text. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. 52.27.103-71, Faith-Based and Community-Based Organizations (AUG 2005)Faith-based and Community-based organizations can submit offers/quotations equally with other organizations for contracts for which they are eligible. (End of Provision) Contract Clauses: 52.252-2, Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far. (End of Clause) 52.212-4, Contract Terms and Conditions - Commercial Items (October 2018) (t)Effective October 1, 2003, ALL contractors MUST be registered on the System for Award Management site (SAM) and must remain registered through final payment on the contract. For additional information and to register, go to www.sam.gov. Offerors responding to this solicitation must be registered on SAM for their offers to be considered for award. 52.247-34, F.O.B. Destination (NOV 1991) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (July 2021). As prescribed in12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun2020) (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 2019)(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)(31U.S.C.3553). (6)52.233-4, Applicable Law for Breach of Contract Claim(Oct 2004)(Public Laws 108-77 and 108-78 (19U.S.C.3805note)). (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(June 2020), withAlternate I(Oct 1995)(41U.S.C.4704and10U.S.C.2402). __(2)52.203-13, Contractor Code of Business Ethics and Conduct(Jun 2020)(41U.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) (31U.S.C.6101note). __(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 Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.(Jun 2020)(31U.S.C.6101note). __(9)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters(Oct 2018)(41U.S.C. 2313). __(10)[Reserved]. __(11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award(Mar 2020)(15U.S.C.657a). __(ii)Alternate I(Mar 2020)of52.219-3. __(12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns(Mar 2020)(if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a). __(ii)Alternate I(Mar 2020)of52.219-4. __(13)[Reserved] __(14) (i)52.219-6, Notice of Total Small Business Set-Aside(Mar 2020)(15U.S.C.644). __(ii)Alternate I(Mar 2020). __(15) (i)52.219-7, Notice of Partial Small Business Set-Aside(Mar 2020)(15U.S.C.644). __(ii)Alternate I(Mar 2020)of52.219-7. __(16)52.219-8, Utilization of Small Business Concerns(Oct 2018)(15U.S.C.637(d)(2)and (3)). __(17) (i)52.219-9, Small Business Subcontracting Plan(Jun 2020)(15U.S.C.637(d)(4)). __(ii)Alternate I(Nov 2016)of52.219-9. __(iii)Alternate II(Nov 2016)of52.219-9. __(iv)Alternate III(Jun 2020)of52.219-9. __(v)Alternate IV(Jun 2020)of52.219-9. __(18)52.219-13, Notice of Set-Aside of Orders(Mar 2020)(15U.S.C.644(r)). __(19)52.219-14, Limitations on Subcontracting(Mar 2020)(15U.S.C.637(a)(14)). __(20)52.219-16, Liquidated Damages-Subcontracting Plan(Jan 1999)(15U.S.C.637(d)(4)(F)(i)). __(21)52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside(Mar 2020)(15U.S.C.657f). __(22) (i)52.219-28, Post Award Small Business Program Rerepresentation(Mar 2020)(15U.S.C.632(a)(2)). (ii)Alternate I (MAR 2020) of52.219-28. __(23)52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns(Mar 2020)(15U.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 (Mar2020) (15U.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(Mar 2020)(15 U.S.C. 637(a)(17)). __(27)52.222-3, Convict Labor(Jun 2003)(E.O.11755). __(28)52.222-19, Child Labor-Cooperation with Authorities and Remedies(Jan2020)(E.O.13126). __(29)52.222-21, Prohibition of Segregated Facilities(Apr 2015). __(30) (i)52.222-26, Equal Opportunity(Sep 2016)(E.O.11246). __(ii)Alternate I(Feb 1999)of52.222-26. __(31) (i)52.222-35, Equal Opportunity for Veterans(Jun 2020)(38U.S.C.4212). __(ii)Alternate I(Jul 2014)of52.222-35. __(32) (i)52.222-36, Equal Opportunity for Workers with Disabilities(Jun 2020)(29U.S.C.793). __(ii)Alternate I(Jul 2014)of52.222-36. __(33)52.222-37, Employment Reports on Veterans (Jun 2020) (38U.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(Jan 2019)(22U.S.C.chapter78and E.O. 13627). __(ii)Alternate I(Mar 2015)of52.222-50(22U.S.C.chapter78and E.O. 13627). __(36)52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in22.1803.) __(37) (i)52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) (42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(ii)Alternate I(May 2008)of52.223-9(42U.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)of52.223-13. __(41) (i)52.223-14, Acquisition of EPEAT-Registered Televisions(Jun 2014)(E.O.s 13423 and 13514). __(ii)Alternate I (Jun2014) of52.223-14. __(42)52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007)(42U.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)of52.223-16. __(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 (Jun2016) (E.O. 13693). __(47) (i)52.224-3Privacy Training(Jan 2017)(5 U.S.C. 552 a). __(ii)Alternate I(Jan 2017)of52.224-3. __(48)52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83). __(49) (i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act(May 2014)(41U.S.C.chapter83,19U.S.C.3301note,19U.S.C.2112note,19U.S.C.3805note,19U.S.C.4001note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __(ii)Alternate I(May 2014)of52.225-3. __(iii)Alternate II(May 2014)of52.225-3. __(iv)Alternate III(May 2014)of52.225-3. __(50)52.225-5, Trade Agreements(Oct 2019)(19U.S.C.2501,et seq.,19U.S.C.3301note). __(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). __(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;10U.S.C. 2302Note). __(53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150). __(54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150). __(55)52.229-12, Tax on Certain Foreign Procurements(Jun 2020). __(56)52.232-29,Termsfor Financing of Purchases of Commercial Items(Feb 2002)(41U.S.C.4505,10U.S.C.2307(f)). __(57)52.232-30,InstallmentPayments for Commercial Items (Jan2017) (41U.S.C.4505,10U.S.C.2307(f)). __(58)52.232-33,Paymentby Electronic Funds Transfer-System for Award Management(Oct2018)(31U.S.C.3332). __(59)52.232-34,Paymentby Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). __(60)52.232-36,Paymentby Third Party(May 2014)(31U.S.C.3332). __(61)52.239-1,Privacyor Security Safeguards(Aug 1996)(5U.S.C.552a). __(62)52.242-5,Paymentsto Small Business Subcontractors(Jan 2017)(15U.S.C.637(d)(13)). __(63) (i)52.247-64,Preferencefor Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46U.S.C.Appx.1241(b)and10U.S.C.2631). __(ii)Alternate I(Apr 2003)of52.247-64. __(iii)Alternate II(Feb 2006)of52.247-64. (c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __(1)52.222-41,ServiceContract Labor Standards(Aug 2018)(41U.S.C.chapter67). __(2)52.222-42,Statementof Equivalent Rates for Federal Hires(May 2014)(29U.S.C.206and41U.S.C.chapter67). __(3)52.222-43,FairLabor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)(Aug 2018)(29U.S.C.206and41U.S.C.chapter67). __(4)52.222-44,FairLabor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206and41U.S.C.chapter67). __(5)52.222-51,Exemptionfrom Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41U.S.C.chapter67). __(6)52.222-53,Exemptionfrom Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(May 2014)(41U.S.C.chapter67). __(7)52.222-55,MinimumWages Under Executive Order 13658(Dec 2015). __(8)52.222-62,PaidSick Leave Under Executive Order 13706(Jan 2017)(E.O. 13706). __(9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42U.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 acquisitionthreshold, as defined in FAR2.101, on the date of award of this contract,and does not contain the clause at52.215-2, 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 Contractors 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 FARsubpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1)Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i)52.203-13, Contractor Code of Business Ethics and Conduct(Jun 2020)(41U.S.C.3509). (ii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities(Jul 2018)(Section 1634 of Pub. L. 115-91). (iv)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(Aug 2019)(Section 889(a)(1)(A) of Pub. L. 115-232). (v)52.219-8, Utilization of Small Business Concerns(Oct 2018)(15U.S.C.637(d)(2)and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceedsthe applicable threshold specified in FAR19.702(a) on the date of subcontract award,the subcontractor must include52.219-8in lower tier subcontracts that offer subcontracting opportunities. (vi)52.222-21,Prohibitionof Segregated Facilities(Apr 2015). (vii)52.222-26,EqualOpportunity(Sep 2015)(E.O.11246). (viii)52.222-35, Equal Opportunity for Veterans(Jun 2020)(38U.S.C.4212). (ix)52.222-36, Equal Opportunity for Workers with Disabilities(Jun 2020)(29U.S.C.793). (x)52.222-37,EmploymentReports on Veterans(Jun 2020)(38U.S.C.4212). (xi)52.222-40,Notificationof Employee Rights Under the National Labor Relations Act(Dec 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause52.222-40. (xii)52.222-41,ServiceContract Labor Standards (Aug2018) (41U.S.C.chapter67). (xiii) (A)52.222-50,CombatingTrafficking in Persons(Jan 2019)(22U.S.C.chapter78and E.O 13627). (B)Alternate I (Mar2015) of52.222-50(22U.S.C.chapter78andE.O13627). (xiv)52.222-51,Exemptionfrom Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67). (xv)52.222-53,Exemptionfrom Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(May2014)(41U.S.C.chapter67). (xvi)52.222-54,EmploymentEligibility Verification(Oct 2015)(E.O. 12989). (xvii)52.222-55,MinimumWages Under Executive Order 13658(Dec 2015). (xviii)52.222-62,PaidSick Leave Under Executive Order 13706(Jan 2017)(E.O. 13706). (xix) (A)52.224-3,PrivacyTraining (Jan 2017) (5U.S.C.552a). (B)Alternate I(Jan 2017)of52.224-3. (xx)52.225-26,ContractorsPerforming Private Security Functions Outside the United States(Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;10U.S.C. 2302 Note). (xxi)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations(Jun 2020)(42U.S.C.1792).Flow down required in accordance with paragraph (e) of FAR clause52.226-6. (xxii)52.247-64,Preferencefor Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46U.S.C. Appx.1241(b)and10U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause52.247-64. (2)While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations