SOLICITATION NOTICE
74 -- Printers, Installation, Programming, Testing, and Training - Attachments to be filled out and submitted
- Notice Date
- 5/21/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423420
— Office Equipment Merchant Wholesalers
- Contracting Office
- National Archives and Records Administration, NAA, Acquisitions Division, 8601 Adelphi Road, Room 3340, College Park, Maryland, 20740-6001, United States
- ZIP Code
- 20740-6001
- Solicitation Number
- NAMA-14-Q-0063
- Archive Date
- 6/19/2014
- Point of Contact
- Cynthia D. Jones, Phone: 301-837-1860, Santo C Plater, Phone: 301-837-2059
- E-Mail Address
-
cynthia.jones@nara.gov, santo.plater@nara.gov
(cynthia.jones@nara.gov, santo.plater@nara.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment 2 - RFQ Information Sheet Attachment 1 - Schedule of Prices This is a combined synopsis/solicitation for commercial items in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Firm Fixed-Priced quotations are being requested and a written solicitation will not be issued. The solicitation number is NAMA-14-Q-0063 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-73 effective April 29, 2014. This is an unrestricted acquisition, issued in accordance with FAR Subpart 13.5, Test Program for Certain Commercial Items. The National Archives and Records Administration (NARA) intends to issue a contract(s) with firm fixed-priced contract line items (CLINs). EVALUATION: This is an unrestricted procurement, subject to Full and Open Competition. The Government reserves the right to issue multiple contracts, as well as, award on the initial quote without discussions of this procurement. Evaluation and award will be in accordance with the procedures of FAR 13.5 in conjunction with Subpart 13.106 Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation and in accordance with the guidance at FAR 12.301(c)(2). A contract will be issued to the Contractor(s) whose conforming quotation in response to the RFQ will be most advantageous to the Government. Best value for this procurement will be obtained through a lowest price technically acceptable evaluation. For evaluation purposes, the firm-fixed price for each CLIN will be determined by multiplying the Unit Price by the Quantity of units, and the total fixed price will be determined by summing the firm-fixed price of all CLINs. Contractors must provide pricing for each CLIN, including any Option CLINs. BACKGROUND: The purpose of this procurement is to purchase printers and installation, programming, testing, and training for the Research Room at the National Archives at College Park. REQUIREMENTS: See Attachment 1, Schedule of Prices. Contractors must submit their pricing (USD) in accordance with RFQ Attachment 1, Schedule of Prices. Contractors must complete and submit Attachment 2, RFQ Information Sheet. See Attachment 3, Performance Work Statement. QUESTIONS: Questions regarding this RFQ must be submitted in writing to Ms. Cynthia Jones no later than 12:00 PM ET on May 28, 2014. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment. SUBMISSION OF QUOTATIONS: One (1) copy of each quotation can be mailed to National Archives and Records Administration (NARA), Attention: Ms. Cynthia Jones (NAMA-14-Q-0063), 8601 Adelphi Road, Room 3400, College Park, MD 20740-6001; faxed to the attention of Cynthia Jones at 301-387-3633; or e-mailed to: cynthia.jones@nara.gov. Quotations should be received by 12:00 PM ET on June 4, 2014. Failure to submit quotations by the due date may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant fixed price contract, with the exception of FAR provisions which will be removed prior to issuance of the order: FAR 52.212-1, Instructions to Offerors - Commercial Items (Apr 2014); FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2013) - Offerors shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at https://sam.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision - a copy of the provisions can be found at https://www.acquisition.gov/far/; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Sep 2013) -- see Attachment 4, Terms and Conditions for Addenda to this clause; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014) - see Attachment 4, Terms and Conditions for the full text of this clause; FAR 52.217-5, Evaluation of Options (Jul 1990); FAR 52.232-18, Availability of Funds (Apr 1984). See Attachment 4, Terms and Conditions for additional applicable FAR provisions and clauses. If providing an equal to the product noted, please indicate in your quote. Equals will be accepted but must be approved by the customer before an award can be made. Award will be based on low price, technically acceptable quote for each piece of equipment. 52.211-6 -- Brand Name or Equal As prescribed in 11.107(a), Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. ATTACHMENT 1 SCHEDULE OF PRICES CLIN Description Quantity Unit of Issue Unit Price Total Firm-Fixed Price 0001 Zebra ZXP Series 7 Single-Sided Card Printer Brand name or equal (see Attachment 3, Performance Work Statement) 3 EA tiny_mce_marker___________ tiny_mce_marker___________ 0002 Installation, Programming, and Testing (see Attachment 3, Performance Work Statement) 1 EA tiny_mce_marker___________ tiny_mce_marker___________ 0003 Traning on CLIN 0001 (see Attachment 3, Performance Work Statement) 1 EA tiny_mce_marker___________ tiny_mce_marker___________ TOTAL for all CLINs tiny_mce_marker_________________________________ Delivery, installation, programming, testing, and training must be completed within 30 days after date of award. Vendors must clearly describe how their product meets the solicitation requirements. See FAR 52.211-6, Brand Name or Equal Attachment 2 RFQ Information Sheet Failure to provide the TAA Country of Production (if applicable) will result in no further consideration of the quotation. Vendors must complete all applicable information on this sheet and submit it with the quotation. Failure to do so will render the quotation unacceptable for receipt of the order. Statutory/Regulatory Compliance TRADE AGREEMENT ACT COUNTRY OF PRODUCTION:_____________________ ENERGY STAR® OR FEDERAL ENERGY MANAGEMENT PROGRAM (FEMP) ENERGY USE REQUIREMENT COMPLIANCE, AS REQUIRED: YES_____ or NO_____ IPv6 COMPLIANT: YES____ or NO_____ SECTION 508 COMPLIANT: YES_____ or NO____ Specific Terms, Conditions, and Administrative information PAYMENT TERMS: DELIVERY DATE: NAME AND ADDRESS OF QUOTER: ________________________________________________________________________ TELEPHONE NO (INCLUDE AREA CODE): __________________________ FAX NUMBER: ___________________________ E-MAIL ADDRESS: _____________________________________ ENROLLED IN SYSTEM FOR AWARD MANAGEMENT (SAM)? Yes____ No____ CAGE CODE NUMBER: _____________________________________ DUNS: _______________________________________ Vendor Certification: [By signing the Vendor acknowledges that the information provided in response to this RFQ is correct.] NAME AND TITLE OF SIGNER: __________________________________ DATE OF QUOTATION: ___________________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________ ATTACHMENT 3 PERFORMANCE WORK STATEMENT FOR PRINTERS AND ASSOCIATED PARTS, INSTALLATION, PROGRAMMING, TESTING, AND TRAINING 1.0 INTRODUCTION Statement of Need The National Archives and Records Administration requires three (3) new printers for our Researcher Registration System (RRS), along with associated parts for the printers, and associated services for installation, programming, testing and training. NARA currently utilizes PCs running Windows XP to manage our Researcher Registration System (RRS) at the main Archives building (A1, Washington, DC) and at a secondary building (A2, College Park, MD). The Information Services division of NARA requires an upgrade of all Windows XP PCs which run RRS to Windows 7. In order to upgrade the PCs to Windows 7, NARA must acquire these new printers. The current badge printers are not compatible with Windows 7. 2.0 BASIC REQUIREMENTS 2.1 The current Research Registration System utilizes IVIS Plus 2000 and IDentiPASS applications. IVIS Plus 2000 is the digital imaging system used to create photo ID cards for researchers. IDentiPASS is an access control system that allows monitoring and controlling the card readers at research rooms. Specifically, the printers must be compatible with the IVIS Plus 2000 and IDentiPASS applications on a Windows 7 PC and must be rated for a high-volume environment. 2.2 General Requirements: - Items to be purchased: Qty Equipment and Services 3 Printers 1 Installation, Programming, and Testing 1 Training Salient Characteristics: Zebra ZXP Series 7 Single-Sided Card Printer (or equivalent) • Single-sided printing • Magnetic strip encoder • 300 dpi/11.8 dots per mm print resolution • USB 2.0 and Ethernet 10/100 connectivity • Microsoft® Windows Certified drivers • 200-card capacity feeder (30 mil) • 15-card reject hopper (30 mil) • 100-card output hopper (30 mil) • Single-card feed capability • Six Series intelligent media technology • 21-character x 6-line LCD operator display with configurable soft keys • Kensington® physical lock slot • Two-year unlimited warranty on printer and printhead • Must be rated for a high-volume environment 2.3 DELIVERY, INSTALLATION, PROGRAMMING, AND TESTING Printers must be delivered, installed, programmed, and tested within 30 days from date of award unless other arrangements are made in advance with the NARA Point of Contact (POC) or Contracting Officer. 2.4 TRAINING During the testing period, training services must be provided under conditions that are acceptable to both the Contractor and NARA. The training will be required to take place during regular core business hours of 8am-5pm. NARA's Research Services will provide 1-3 subject matter experts to be trained on how to operate the printers. Training material, either written or electronic form, must be made available for NARA to train additional staff members as needed, and a customer service hotline must be provided in the event we have questions that we cannot answer. 3.0 PLACE OF PERFORMANCE Printers must be delivered to the following location: National Archives and Records Administration Research Services Attn: TBD 3301 Metzerott Road Room: TBD Phone: TBD College Park, MD 20740 Arrangements for installation, programming, and testing should be made with the NARA POC: POC: TBD Phone: TBD Email: TBD Notification of arrangements should also be sent to the secondary POC: TBD 4.0 PERIOD OF PERFORMANCE Delivery, installation, programming, testing, and training must be completed within 30 days from date of award unless other arrangements are made in advance with the NARA POC or Contracting Officer. 5.0 ACCEPTANCE TESTING NARA will be allotted 30 days for acceptance testing for printers after installation, testing, and programming have been completed. 6.0 HOURS OF OPERATION Work must be undertaken during regular core business hours, Monday through Friday 8am-5pm, unless mutually agreed upon by the NARA POC and the Contractor. 7.0 TASKS AND DELIVERABLES The deliverables are discussed in paragraph 2.2 above. 8.0 MISCELLANEOUS REQUIREMENTS 8.1 Transportation and travel expenses will not be paid. 8.2 Contractor must accept direct deposit for payment. Contractor must be registered in the System for Award Management (SAM). ATTACHMENT 4 TERMS AND CONDITIONS The following clauses and provisions are incorporated and will remain in full force in any resultant firm-fixed price contract(s): I. ADDENDA to FAR 52.212-4 A. GOVERNMENT CONTRACT SPECIALIST The Contract Specialist assigned to this order is: Cynthia Jones, Contract Specialist Telephone: (301) 837- 1860 Email: cynthia.jones@nara.gov B. GOVERNMENT POINT OF CONTACT (POC) The Government Point of Contact for this requirement is: TBD 8601 Adelphi Road, Room TBD College Park, MD 20740 Telephone: TBD Email: TBD C. MARK FOR INFORMATION Vendor must include the following information clearly on shipping container address label: Award Number: TBD Accepting POC: TBD, Code: Room: TBD II. INVOICE SUBMISSION REQUIREMENTS A. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information. B. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@bpd.treas.gov or by phone at 304-480-8000, Option 7. C. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to NAR@bpd.treas.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. D. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract. E. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7. III. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2014) (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: __ (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 (Jul 2013) (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). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2013) (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). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (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 (Jul 2013) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (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 (AUG 2013). (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.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (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). __ (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 2013) (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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (46) 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)). __ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X_ (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (52)(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: __ (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.). __ (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. (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 (Jul 2013) (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 Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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.
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