FBODaily.com | FedBizOpps: MOD | U | OPTION - Lean Six Sigma

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 22, 2013 FBO #4381
MODIFICATION

U -- OPTION - Lean Six Sigma

Notice Date: 11/20/2013
Notice Type: Modification/Amendment
Contracting Office: 101 Independence Ave, Washington, DC 20003
ZIP Code: 20003
Solicitation Number: LCNLS14Q0004A
Response Due: 11/22/2013
Archive Date: 5/21/2014
Point of Contact: Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
E-Mail Address: Clientservices@fedbid.com;
Small Business Set-Aside: N/A
Description: MODIFICATION NOTICE:Bids are being solicited under solicitation number LCNLS14Q0004A. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation is issued as an invitation for bids (IFB), unless otherwise indicated herein.If your company can provide the product/services listed on the solicitation and comply with all of the solicitation instructions, please respond to this notice. To view the specifications, please go to www.FedBid.com and reference Buy No. 551196_03. GSA Schedule Bids Only: Sellers bidding on this opportunity MUST have the items requested on an existing GSA Schedule. The Schedule must either be in the Seller's name or the Seller must be able to document its ability to act as an agent of a partner's Schedule. Sellers must not bid more than their applicable contract ceiling price, excluding the FedBid Fee, for contract-specific items. If FedBid receives notice that, due to inclusion of the FedBid Fee, the Selected Bid's line item pricing is higher than the Selected Seller's applicable published government contract pricing, the FedBid Fee will be reduced to ensure the Selected Bid's line item pricing does not exceed the Selected Seller's applicable contract pricing. Sellers may offer Open Market items only in accordance with the approved Terms and Conditions of their respective GSA Schedule AND upon approval from the soliciting Contracting Officer. Information regarding GSA Schedules can be found at www.GSA.gov. This requirement is unrestricted and only qualified sellers may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-11-22 11:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be, null null The Library of Congress requires the following items, Meet or Exceed, to the following: Base Period of Performance: 01/01/2014 - 12/31/2014 LI 001: Develop an appropriate and cost effective training program to provide designated NLS staff with the appropriate background and skills in the areas of Lean/Six-Sigma Process Improvement and Project management for 20 NLS staff members. Execute the training program (see section C.3.1 of section C). Include a minimum of eight Kaizen events. Deliverables include a report and a project plan., 1, EA; LI 002: Provide follow-up consulting services, on an as-needed basis, to ensure sustainability of LEAN process improvement efforts. These may take the form of providing assisting NLS six sigma teams with meeting facilitation, specialized training on advanced Six Sigma tools or techniques, post project critiques., 1, EA; LI 003: Provide consultant to assist NLS senior management to implement policy deployment so that Agency improvement efforts are linked to NLS strategic goals. The deliverable shall consist of a report., 1, EA; LI 004: Provide consultant to develop one-year and long-range strategic plans covering at least four years for training and supporting NLS staff in implementing LEAN concepts and practices. The deliverable shall consist of a report., 1, EA; LI 005: Provide consultant to lead additional Kaizen events of six to eight hours each at the NLS facilities, including value stream mapping and 5S training and audits and consult with the Agency on other relevant LEAN tools and methodologies. The contractor will provide documented progress reports for each session., 1, EA; LI 006: Provide advanced Six Sigma training program for 20 NLS staff. The course would be expected to be taught on-site and would be one week in duration (see section C.3.2.5 of section C)., 1, EA; Option 1 Period of Performance: 01/01/2015 - 12/31/2015 LI 001: Provide follow-up consulting services, on an as-needed basis, to ensure sustainability of Lean process improvement efforts. These may take the form of providing assisting NLS six sigma teams with meeting facilitation, specialized training on advanced six sigma tools or techniques, post project critiques., 1, EA; LI 002: Provide consultant to assist NLS senior management to implement policy deployment so that Agency improvement efforts are linked to NLS?s strategic goals. The deliverable shall consist of a report., 1, EA; LI 003: Provide consultant to update one-year and long-range strategic plans covering at least four years for training and supporting NLS staff in implementing Lean concepts and practices. The deliverable shall consist of a report., 1, EA; LI 004: Provide consultant to lead additional Kaizen events of six to eight hours each at the NLS facilities, including value stream mapping and 5S training and audits and consult with the Agency on other relevant Lean tools and methodologies. The contractor will provide documented progress reports for each session., 1, EA; LI 005: Provide advanced Six Sigma training program for 20 NLS staff members. The course would be expected to be taught on-site and would be one week in duration (see section C.3.2.5 of section C)., 1, EA; Option 2 Period of Performance: 01/01/2016 - 12/31/2016 LI 001: Provide follow-up consulting services, on an as-needed basis, to ensure sustainability of Lean process improvement efforts. These may take the form of providing assisting NLS six sigma teams with meeting facilitation, specialized training on advanced six sigma tools or techniques, post project critiques., 1, EA; LI 002: Provide consultant to assist NLS senior management to implement policy deployment so that Agency improvement efforts are linked to NLS?s strategic goals. The deliverable shall consist of a report., 1, EA; LI 003: Provide consultant to update one-year and long-range strategic plans covering at least four years for training and supporting NLS staff in implementing Lean concepts and practices. The deliverable shall consist of a report., 1, EA; LI 004: Provide consultant to lead additional Kaizen events of six to eight hours each at the NLS facilities, including value stream mapping and 5S training and audits and consult with the Agency on other relevant Lean tools and methodologies. The contractor will provide documented progress reports for each session., 1, EA; LI 005: Provide advanced Six Sigma training program for 20 NLS staff members. The course would be expected to be taught on-site and would be one week in duration (see section C.3.2.5 of section C)., 1, EA; Option 3 Period of Performance: 01/01/2017 - 12/31/2017 LI 001: Provide follow-up consulting services, on an as-needed basis, to ensure sustainability of Lean process improvement efforts. These may take the form of providing assisting NLS six sigma teams with meeting facilitation, specialized training on advanced six sigma tools or techniques, post project critiques., 1, EA; LI 002: Provide consultant to assist NLS senior management to implement policy deployment so that Agency improvement efforts are linked to NLS?s strategic goals. The deliverable shall consist of a report., 1, EA; LI 003: Provide consultant to update one-year and long-range strategic plans covering at least four years for training and supporting NLS staff in implementing Lean concepts and practices. The deliverable shall consist of a report., 1, EA; LI 004: Provide consultant to lead additional Kaizen events of six to eight hours each at the NLS facilities, including value stream mapping and 5S training and audits and consult with the Agency on other relevant Lean tools and methodologies. The contractor will provide documented progress reports for each session., 1, EA; LI 005: Provide advanced Six Sigma training program for 20 NLS staff members. The course would be expected to be taught on-site and would be one week in duration (see section C.3.2.5 of section C)., 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Library of Congress intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Library of Congress is taking this action in an effort to improve both seller access and awareness of requests and the agency's ability to gather multiple, completed, real-time bids.All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Sellers that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Sellers that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Sellers may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should Sellers require additional clarification, contact FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. This solicitation is hereby cancelled. It will be re-solicited in the month of December. PLEASE READ ENTIRE SOLICITATION PRIOR TO BIDDING. The solicitation is attachment 2, "NLS_LSS_Solicitation.pdf". Market research for this procurement indicated 160 hours would be required for the following line items in section B of the solicitation: B.1.1, B.1.2, B.1.3, B.1.4, B.2.1, B.2.2, B.2.3, B.2.4, B.3.1, B.3.2, B.3.3, B.3.4, B.4.1, B.4.2, B.4.3, B.4.4. Offerors should prepare separate technical and business/cost proposals for the project. The technical proposals must not contain reference to specific costs, although resource information may be included so that the offeror?s understanding of the scope of the work may be evaluated. Price information should be restricted to the business proposal (FedBid price submission). An official authorized to bind your organization must sign the proposal. You must submit the technical proposal electronically on Fed- Bid in WORD AND PDF format and the cost proposal as an EXCEL WORKBOOK. Document Type: QS Document Number: LCNLS14Q0004 Page 33 of 36 The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations, and a statement to the effect that your offer is firm for a period of at least 60 calendar days from the date of receipt of offers specified by the Government. The Government reserves that right to negotiate prices. LOC will accept clarification questions until 11/7/13. All clarification questions must be submitted by 12:00 noon EST, on 11/7/13. After this date LOC does not guarantee that a response will be given. Oral explanations or instructions given by the Government. TECHNICAL PROPOSAL The offeror must show a thorough understanding of the goals and activities of the Statement of Work (SOW). A proposal that simply repeats the language of the SOW without specifying the offeror?s plan will not be considered eligible for award. Proposals should be precise and concise. Proposals should be no more than 15 pages long. Proposals should be double-spaced with a 12-point font size and margins of at least 1 inch and must be presented in an accessible format, such as an MSWord file or an accessible PDF. Cover Sheet A cover sheet with the name and address of the firm, as well as the signature of an officer of the firm should be provided. Staff & Experience In an attachment, provide names of staff who will work on the project. Include a brief bio of each highlighting their expertise in the areas cited in the scope of work. Past Performance Past Performance narrative shall not exceed five (5) double-spaced pages. BUSINESS PROPOSAL(FedBid price submission) The LOC anticipates awarding a contract funded incrementally and subject to the availability of funds. The Offeror shall submit a price list for the project overall, for the 12 months of the base contract plus the three options. The project is a training program that requires at least six training sessions and eight Kaizen events in the base year, with advanced training and follow-up in option years one, two, and three. Training will be conducted onsite at the Agency?s facility at 1291 Taylor Street NW, Washington, DC 20542. Time involved will depend on strategy development and implementation procedures. It is required that your business proposal contain enough information for a price realism determination to be made. Offerors should submit a total proposed price for the entire work to be performed under the contract. The proposed budget for each task and subtask should indicate the number of staff hours being proposed for each category. Market research for this procurement indicated 160 hours would be required for the following line items: B.1.1, B.1.2, B.1.3, B.1.4, B.2.1, B.2.2, B.2.3, B.2.4, B.3.1, B.3.2, B.3.3, B.3.4, B.4.1, B.4.2, B.4.3, B.4.4. Offerors are expected to use their best business judgment in submitting the necessary information. PLEASE READ ENTIRE SOLICITATION PRIOR TO BIDDING. The solicitation is attachment 2, "NLS_LSS_Solicitation.pdf". A) The offeror shall provide the government, with its offer submission, written verification from the GSA schedule holder that an agreement exists that validates the offeror's right to offer the GSA schedule items on behalf of the GSA schedule holder, if other than the offeror; and, B) By proactively complying with this offer term, sellers accept that the government will make award to the GSA schedule holder only, as the sole awardee. Further, the sole awardee and only the sole awardee shall submit its invoice to the government and receive payment from the government. GSA schedule orders may include "open market" items, i.e., items not on the awardee's list of GSA schedule items, only in compliance with FAR 8.402(f). Offerors should verify in writing which items are listed on their GSA schedule contracts and which items are "open market" items. For an offer to qualify as an offer based on a GSA schedule contract, the value of "open market" items included in the offer may not exceed the applicable micro-purchase threshold as defined in FAR 2.101. In order to notate which items are open market, in accordance with FAR 8.402(f)(3), Seller must write "open market" in the Line Item Description for any item not currently active on the cited contract, or list in the Seller Bid Description field all open market line numbers (e.g. "Open Market Items: Lines 1, 2, 3.") This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Full text of the referenced clauses is available at http://farsite.hill.af.mil. 52.211-6Brand Name or Equal (Aug 1999)52.225-25Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (Nov 2011) 52.212-1Instruction to Offerors-Commercial Items (Jun 2008) 52.227-14Rights in Data - General (Feb 2007) 52.212-4Contract Terms and Conditions ? Commercial Items (Feb 2012)52.227-19Commercial Computer Software License (Dec 2007) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act?Reporting Requirements (Jul 2010) (Pub. L. 111-5). Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). __ (6) 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages?Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program?Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program? Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). __ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (27) 52.222-19, Child Labor?Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). __ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA?Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) _x_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). _x_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _x_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). _x_ (39) 52.225-1, Buy American Act?Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act?Free Trade Agreements?Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.?s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (47) 52.232-33, Payment by Electronic Funds Transfer?Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer?Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _x_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (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, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act?Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act?Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment?Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services?Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records?Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor?s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2013). (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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contractsfor Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (1) The reference in section (d) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library. (2) The references in section (g)(2) and (i)(2) to the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 C.F.R. part 1315 refer instead to the Prompt Payment clause at FAR 52.232-25 as modified by the Library. The Library of Congress is not an agency subject to the Prompt Payment Act. 31 U.S.C. ? 3901(a)(1). The clause is modified as follows: (1) The following new paragraph (iv) is added to the conditions for paying interest penalty payments in section (a)(4): ?(a)(4)(iv) The contract or purchase order contained a provision that expressly required the Library of Congress to pay an interest penalty.? (2) The reference in section (a)(5)(ii) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library. (3) Section (b) relating to Contract Financing Payment is deleted. (4) Section (a)(6) is replaced with the following: ?Interest penalty payments shall be handled in accordance with the Prompt Payment clause at FAR 52.232-25 as modified by the Library.? Contract Terms And Conditions Required To Implement Statutes Or Executive Orders ? Commercial Items (Jan 2013). (1)The Librarian of Congress has the same rights and access as the rights and access provided to the Comptroller General in FAR 52.212-5.
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