MODIFICATION
36 -- CO2 LASER CUTTING SYSTEM
- Notice Date
- 8/7/2015
- Notice Type
- Modification/Amendment
- NAICS
- 333517
— Machine Tool Manufacturing
- Contracting Office
- NASA/Ames Research Center, JA:M/S 241-1, Moffett Field, CA 94035-0001
- ZIP Code
- 94035-0001
- Solicitation Number
- NNA15547110Q
- Response Due
- 8/25/2015
- Archive Date
- 8/7/2016
- Point of Contact
- Patricia L. Williams, Contracting Officer, Phone 650-604-3896, Fax 650-604-3020, Email patricia.l.williams@nasa.gov - Elizabeth A Baierl, Contracting Officer, Phone 650-604-5082, Fax 650-604-0932, Email Elizabeth.A.Baierl@nasa.gov
- E-Mail Address
-
Patricia L. Williams
(patricia.l.williams@nasa.gov)
- Small Business Set-Aside
- N/A
- Description
- THIS NOTICE CONSTITUTES AMENDMENT NO. 0001 TO THE COMBINED SYNOPSIS/RFQ FOR CO2 LASER CUTTING SYSTEM. Companies shall acknowledge all amendment(s) in their quote. This notice serves as the official amendment to subject synopsis/RFQ and a written amendment will not be issued. The purpose of this amendment is to replace the combined synopsis/solicitation in its entirety. NASA/ARC has a requirement for Lease with Purchase Option of CO2 Laser Cutting System. This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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. The provision and clauses in this RFQ are those in effect through FAC 2005-83 dated 3 Aug 2015. This notice is being issued as a Request for Quotes (RFQ) for Lease with Purchase Option of One (1) CO2 Laser Cutting System. Delivery shall be FOB Destination to NASA Ames Research Center within six weeks after receipt of order The RFQ contains the following provisions and clauses, incorporated by reference (IBR): FAR 52.212-1, Instructions to Offerors-Commercial Items (Apr 2014); FAR, 52.212-2, Evaluation, Commercial Items (Oct 2014); FAR 52.212-3Offeror Representations and CertificationsCommercial Items (Mar 2015); FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015); FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (May 2015). This procurement is unrestricted; full and open competition is sought.All responsible sources may submit an offer which shall be considered by the agency. All contractual and technical questions must be in writing (e-mail) to Patricia Williams not later than Monday, August 17, 2015 at 4:00 PM PST. Telephone questions will not be accepted. The NAICS code planned for this procurement is 333517 Machine Tool Manufacturing with a small business size standard of 500 employees. The offeror shall state in their offer their size status for this procurement. Offerors must have current registration and Representations and Certifications in the website SAM.GOV, and provide the firms DUNS number with their offer The lease will be for a minimum of six (6) months and will include options as set forth in this solicitation. The system shall possess the following minimum characteristics: Power: minimum 1500 watts to a maximum of 3500 watts. System shall be capable of cutting a 4 X 10 foot (minimum) metal sheet without having to manually reposition the material. The system shall have a stationary table with a gantry type flying laser head that moves in the X, Y, and Z axis with a minimum positioning accuracy of.0004.The system shall be CNC, have a LCD color graphics display user interface and be capable of running/interfacing with SigmaNEST software. The system shall be ready to cut material within 30 minutes or less after being completely powered Off for a period of 1 hour or more.System shall be delivered turnkey and shall include any required, gas regulators, air dust/vacuum systems, water chillers, air/water filters & conditioners, liquid nitrogen dewar (265 liter minimum capacity), and oxygen etc. assist gas high pressure storage cylinders (cylinders shall be T size 266 cubic foot capacity). Upon selection Contractor shall provide NASA a complete site plan requirements document. Contractor shall deliver to NASA Ames Research Center, install, test to manufacturers specifications, ensuring system is 100% operational. Following successful operational testing, contractor shall conduct basic operation training for up to 40 hours. Training shall include all manuals, training material and allow for 6 individuals to be trained on how to use the system and perform periodic maintenance. Delivery, install, testing, and training is represented in CLIN 0001. A Mitsubishi model 3015 EXS, and Amada model LCG3015 or equal and Automated Pallet Shuttle Table is required, pursuant to FAR clause 52.211-6, Brand Name or Equal (Aug 1999).Offerors shall indicate in their offer each product that is being offered as an equal product. For each equal product, the offeror shall include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. Offerors must clearly identify the item by brand name (if any) and make/model number and include descriptive literature, such as illustrations, drawings, etc., and clearly describe any modifications it plans make to a product to make it conform to the solicitation requirements. NASA will consider a demonstration model with fewer than 5000 hours of total operation. If offering a demonstration or used model, ensure your offer clearly states a demonstration model is being offered. Lease will include full service including all parts and labor. If purchased, the system shall include a complete 12 month factory warranty for service and all parts and labor from the date of purchase. It is critical that offerors provide adequate detail to allow evaluation of their offer. (SEE FAR 52.212-1(b)). Each offeror shall submit prices for the following Contract Line Item Numbers (CLINs): Offeror shall clearly indicate in their offer whether offered equipment is new or used. If used, indicate number of hours offered equipment has been used: CLIN 0001 (Base) deliver, install, test, provide training as per SOW 1 lump sum $____; CLIN 0002 (Base/guaranteed min) Monthly lease price 6 MO $____ per month = $______total; CLIN 0003 (Option) Purchase of all equipment following minimum 6 month lease $______; CLIN 0004 (Option) Supplemental full coverage 12-month warranty following expiration of initial purchase warranty (12 months following purchase) $___; CLIN 0005 (Indefinite Delivery) Continued Monthly Lease. Max. est. months 12 @ $___ per month=$____total Offeror shall indicate discount off purchase price (CLIN 0003), expressed in dollars, for each month leased in excess of 6 months $__________ Note: Government has the right to purchase any option, in any specific order. The Period of Performance (POP) for the purposes of ordering under Indefinite Delivery CLIN 0005 is eighteen (18) months from date of award Minimum guarantee is six (6) month lease (CLIN 0001 and 0002). The Government is under no obligation to purchase any other CLIN. Indefinite Delivery and Option orders:At the discretion of the Government, CLINs 0003 through 0005 will be purchased. If purchased, the order will be made via modification to this contract using form SF30.Only authorized contracting officer of NASA Ames Research Center will be placing orders against this contract; oral orders will not be permissible. Orders placed under this contract will contain the following minimum information: (i) Date of order. (ii) Contract number. (iii) CLIN, description, quantity, and unit price. (iv) Accounting and appropriation data. (v) Method of payment and invoicing instructions. SUBMISSION OF OFFERS:This RFQ includes addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Apr 2014), as follows: Only electronic receipt of offers will be accepted. Submit offers in Adobe pdf format. Each file cannot exceed 10 MB in size, limit five (5) files. Email offers to patricia.l.williams@nasa.gov and to elizabeth.a.baierl@nasa.gov no later than 4:00pm PST on Tuesday, August 25, 2015. All offers must include the following minimum information: Information that includes offerors company information, Firm Fixed Prices for all contract line item numbers (CLINs) solicitation number, discount/payment terms, if applicable, DUNS, taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. Offeror shall demonstrate successful performance of same or similar scope and magnitude as this requirement. This work reference shall not be older than two years from the date of the offer. Offeror shall provide with their offer at least one (1) client reference with contact information for verification Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items form found at URL: http://www.gsa.gov/portal/forms/do wnload/115922 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: (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); Technical and past performance, when combined, are equal, 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 offers 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) Offerors DUNS number will be used to verify offerors current registration in SAM.GOV pursuant to FAR clause 52.212-3Offeror Representations and CertificationsCommercial Items (Mar 2015) This RFQ includes addendum to FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015), as follows: FAR 52.217-7, Option for Increased Quantity -- Separately Priced Line Item (Mar 1989). FAR 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued up to twelve (12) months from contract award date. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) FAR 52.216-19 ORDER LIMITATIONS (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of the quantity indicated on schedule; (2) Any order for a combination of items in excess of the quantity indicated on schedule; or (3) A series of orders from the same ordering office within 3 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 calendar days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule (CLIN 0006). The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2017. (End of clause) Invoices shall be prepared, and payments will be made in accordance with the Prompt Payment Clause of this contract. Invoices shall be sent to NASA Shared Services Center (NSSC) address as specified in the contract for electronic payment of funds pursuant with FAR clause 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013). Inspection/Acceptance: Inspection and acceptance will be pursuant to FAR 52.212-4(a) and the Statement of Work contained in the order. End of Clause -End of Addendum to FAR 52-212-4 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (Public Laws 108-77, 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: __X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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). _X__ (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) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. _X__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (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. _X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated DamagesSubcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 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__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (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) (i) 52.223-13, Acquisition of EPEAT -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. _X__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (50) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds TransferOther Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 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 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. (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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 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). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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. (End of Clause) The FAR may be obtained via the Internet at URL: http://acquisition.gov/far/index.html. The NFS may be obtained via the Internet at URL: http://www.hq.nasa.gov/o ffice/procurement/regs/nfstoc.htm It is the offerors responsibility to monitor this site for the release of amendments (if any). Potential offerors will be responsible for downloading their own copy of this notice, the on-line RFQ, and amendments (if any). An ombudsman has been appointed -- See NASA Specific Note "B".
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- SN03828482-W 20150809/150807234551-e449830d5263002ecd0342f2e026bf29 (fbodaily.com)
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