SOLICITATION NOTICE
65 -- LC Beads
- Notice Date
- 4/3/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- Department of Health and Human Services, National Institutes of Health, Clinical Center/Office of Purchasing & Contracts, 6707 Democracy Blvd, Suite 106, MSC 5480, Bethesda, Maryland, 20892-5480
- ZIP Code
- 20892-5480
- Solicitation Number
- HHSNcCOPC18006276CS
- Archive Date
- 4/28/2018
- Point of Contact
- Gail Akinbinu, Phone: 301-496-0692
- E-Mail Address
-
gakinbinu@cc.nih.gov
(gakinbinu@cc.nih.gov)
- Small Business Set-Aside
- N/A
- Description
- COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS Description This is a combined synopsis/solicitation for commercial items prepared 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; quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is a Request for Quotation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 with a small business size standard of 1000 employees. NIH Clinical Center Office of Purchasing and Contracts is seeking to purchase of LC Beads used in Interventional Radiology department of the Clinical Center for the treatment of solid tumor cancers by preventing blood flow to tumors. All interested companies shall provide a proposal for the product as described in the Statement of Work. Statement of Work I. Purpose: Treatment of solid tumor cancers by preventing blood flow to tumors. II. Scope or Mission: Interventional radiology is responsible for all the image-guided procedures in the Radiology and Imaging Sciences within the Clinical Center. Interventional radiology services are crucial to care and treatment of patients throughout the Clinical Center and NIH. The NIH has recently completed a state-of-the-art IR suite of the future including a one-of-a-kind combination Angio/CT suite with device tracking, CT-integrated robotics, and multimodality fusion. The Angio/CT interventional suite will have a 256 slice multi-detector CT scanner installed in 2009. The image-guided therapy section has a minimally-invasive, image-guided oncology initiative that includes basic bench, in vivo, engineering, and clinical research, combining multimodality electromagnetic tracking and on-line navigation tools to improve accuracy and outcome. Other areas of clinical activity in image-guided therapy include heat activated targeted drug delivery, image-guided ablation with RFA, microwave, or HIFU, percutaneous injection gene therapy, serial biopsy, thrombolytic therapy and Interventional Oncology. III. Period and Place of Performance: 12 months. IV. Background: Patients with solid tumors can be palliated by reducing or preventing blood flow to the tumors in a process called embolization. This can be accomplished using microspheres that are loaded with chemotherapy cancer drugs. Some vessels are quite small and require extraordinarily small beads thus we request smaller beads. V. Performance Objectives: LC beads that can be impregnated with chemotherapy or used alone to embolizes feeder tumor vessels # 6 vials of 100-300um, 2ml volume #6 vials of 70-150um, 2ml VI. Operating Constraints: none Delivery,Location, Schedule, and Instructions The delivery must be made to the address listed below. National Institutes of Health Clinical Center, Building 10 RM 1C351 Radiology & Imaging Sciences Interventional Radiology Security Provisions Government security provisions area attached as required. Government Furnished Equipment (GFE) There is no government furnished equipment requirement for this order. Inspection and Acceptance Criteria The products listed in the scope of this document must be received and provided in full to be accepted as final by the Clinical Center. Each offeror will be evaluated on its past performance under existing and prior contracts for similar products and services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offeror's relative rankings will be compared to assure the best value to the Government. No questions accepted. QUOTATIONS DUE: All quotations are due, no later than, 10:00 a.m. on April 13, 2018 submitted via email to gakinbinu@cc.nih.gov. The solicitation does not commit the Government to pay any cost for the preparation and submission of a quote or proposal. EVALUATION CRITERIA 1 Technical Approach (Significantly more important than price) The Government will evaluate the offeror's technical approach to satisfy the solicitation requirements for interventional radiology procedures. 2. Experience The offeror must demonstrate a minimum of two (2) years of providing equipment similar to or equivalent to the system that is subject of this procurement. 3. Past Performance The offeror must provide three references from previous customers where the offeror provided equipment with similar specifications and complexity. 4. PRICE The price quoted will be evaluated for price reasonableness. A best value analysis will be performed taking into consideration the results of the technical evaluation, price evaluation, and the ability to complete the work within the Government's required schedule. PROVISIONS AND CLAUSES The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. An addenda to the clause, is included below: 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015), (incorporated by reference) Addendum to 52.212-4 Invoicing Guidance Mail the original itemized invoice to: National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500 For inquiries regarding payment call: Chief, Accounts Payable Section, OFM (301)496-6088 Additionally, please email a courtesy copy of the invoice to the Contract Specialist for the official contract file. The following Invoice and Payment Terms is applicable to all purchase orders, task/delivery orders and BPA Calls: I. Invoice Requirements A. An invoice is the Vendor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which the items listed in bullets 1 through 12 below. If the invoice does not comply with these requirements, it can result in an invoice being considered improper and returned to the vendor. 1.Name and Address of the Vendor 2.Invoice date (Date Invoice Submitted) 3.Order number and where applicable, main agreement (e.g., BPA and Contract #) 4.Description, quantity, unit of measure, unit price, and extended price of supplies delivered or service performed 5.Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms) 6.Name and complete mailing address where payment is to be sent per ACH information on record 7.Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice 8.DUNS number or DUNS+4, as registered in CCR 9.Vendor Identification Number (VIN) 10.NOTE: This only applies to new purchase orders, task/delivery orders and BPA Calls awarded on/after June 4, 2007. The VIN is a 7 digit number that appears after the vendor's name on the face page of the award document in the block where the contractor's name and address appear. Inclusion of the VIN on the invoice is not required if the invoice identifies the contractor's DUNS or DUNS+4 11.Any other information or documentation required by the order (e.g.,evidence of shipment) 12.Unique Invoice Number which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number), regardless if the invoices are being issued out of separate locations B.Shipping costs will be reimbursed only if authorized by the Contract/ purchase Order. If authorized, shipping costs must be itemized. II Invoice Payment A.Except as indicated in paragraph B below, the due date for making invoice the designated payment office shall be the later of the following two events: 1.The 30th day after the designated billing office has received a proper invoice 2.The 30th day after Government acceptance of supplies delivered or services performed B.The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. A.An interest penalty shall be paid automatically if payment is not made by the due date and the conditions listed below are met, if applicable 1.A proper invoice was received by the designated billing office; 2.A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition; 3.In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. (xii)The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Executive Orders-Commercial Items, applies to this acquisition. The following FAR clauses are applicable: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 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 (Dec2014) (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 Laws108-77 and 108-78 (19 U.S.C. 3805 note)). (b)The Contractor shall comply with the FAR clauses in this paragraph (b) that theContracting 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 (Oct 2015) (41 U.S.C. 3509)). __ (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 (Oct 2015) (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 Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (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 Set-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. __ (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 2015) (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 2015) 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 Damages-Subcontracting 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. 657 f). __ (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 Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(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 (OCT 2015) (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). _X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _X_ (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. 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 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). __ (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 (June 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 Transfer-Other 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: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). _X_ (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). _X_ (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). _X_ (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) (Executive Order 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). _For vending machines and other buys utilizing US Currency_ (10) 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 (Oct 2015) (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 (l) 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 (Oct 2015) (38 U.S.C. 4212). (vii)52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C. 793). (viii)52.222-37, Employment Reports on Veterans (Oct 2015) (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). __(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 and E.O 13627). (xii)52.222-51, Exemption from Application of the Service Contract LaborStandards 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 LaborStandards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv)52.222-54, Employment Eligibility Verification (OCT 2015). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). (xvi)52.225-26, Contractors Performing Private Security Functions Outside theUnited 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 (May2014) (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 (Feb2006) (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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i)Examine any of the Contractor's or any subcontractors' records that, and involve transactions relating to, this contract; and (ii)Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii)Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A)52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(41 U.S.C. 3509). (B)52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C)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. (D)52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E)52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (F)52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). (G)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. (H)52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.chapter 67). (I)_X_(1)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.7104(g)). __(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (J)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). (K)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). (L)52.222-54, Employment Eligibility Verification (Aug 2013). (M)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. (N)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. (O)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)Executive Order 13658). (End of clause) Facsimile submissions are not authorized and collect calls will not be accepted. All expenses incurred as a result of this solicitation are solely the responsibility of the Offeror. (xvi)All inquiries regarding this solicitation must be submitted in writing to Gail Akinbinu at gakinbinu@nih.gov by April 13, 2018 https://oamp.od.nih.gov/sites/default/files/DGS/SAP/52_212_3_508.pdf End of Solicitation
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