SOLICITATION NOTICE
66 -- Electron Microscope Maintenance - Appendix C for Preventive Maintenance and Repair Microscope Systems - CDRL A002 Contractor's Standard Operating Procedures - Performance Work Statement (PWS) - CDRL A003 Accident Incident Report - CDRL A001 Maintenance Service Report - SSJ Redacted
- Notice Date
- 10/16/2019
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of the Air Force, Air Force Materiel Command, PK/PZ - Robins AFB, 215 Page Rd, Robins AFB, Georgia, 31098-1611, United States
- ZIP Code
- 31098-1611
- Solicitation Number
- F3QCCL9240A101
- Archive Date
- 11/7/2019
- Point of Contact
- Dwight P. Harman, Phone: 478-327-9880, Roy C. Peterson, Phone: 4782223754
- E-Mail Address
-
dwight.harman@us.af.mil, roy.peterson.6@us.af.mil
(dwight.harman@us.af.mil, roy.peterson.6@us.af.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Single Source Justification - FAR 13 - Under SAT - Redacted CDRL A001 Maintenance Service Report CDRL A003 Accident Incident Report Performance Work Statement (PWS) 18 Jun 2019 CDRL A002 Contractor's Standard Operating Procedures Appendix C SOLICITATION F3QCCL9240A101 is issued as a request for quotation (RFQ) This 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; quotes are being requested and a written solicitation will not be issued. This solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ) No. F3QCCL9240A101. This solicitation is sole source to Tescan USA. SMALL BUSINESS SIZE STANDARD (a) NAICS: 334516 (a)No. of Employees: 100 Employees (b)Dollars: N/A REQUIREMENT: CLIN 0001: Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG8161176US Qty: 12 Months CLIN 0002 Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG1048121US Qty: 12 Months CLIN 0003 Over & Above Work (See PWS 1.4) (TBN) Services under the CLIN may be provided for multiple occurences throughout the period of performance. The Contractor shall submit an estimate to the PCO identifying the over and above work required. The PCO will review the estimate, negotiate a formal quote, and authorize the work prior to the start of over and above work. Qty: 1 LO Not Separately Priced (NSP) CLIN 0004 DATA IAW PWS paragraphs 1.1 - 1.4 CDRL 0001, DI-MGMT-80995A, Maintenance Service Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 0005 IAW PWS Paragraph 4.8 CDRL A002, DI-SAFT-82080, Contractor's Safety Plan IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 0006 DATA IAW PWS Paragraph 4.8.1 CDRL A0003, DI-SAFT-81563 NOT 1, Accident/Incident Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 1001: Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG8161176US Qty: 12 Months CLIN 1002 Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG1048121US Qty: 12 Months CLIN 1003 Over & Above Work (See PWS 1.4) (TBN) Services under the CLIN may be provided for multiple occurences throughout the period of performance. The Contractor shall submit an estimate to the PCO identifying the over and above work required. The PCO will review the estimate, negotiate a formal quote, and authorize the work prior to the start of over and above work. Qty: 1 LO Not Separately Priced (NSP) CLIN 1004 DATA IAW PWS paragraphs 1.1 - 1.4 CDRL 0001, DI-MGMT-80995A, Maintenance Service Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 1005 IAW PWS Paragraph 4.8 CDRL A002, DI-SAFT-82080, Contractor's Safety Plan IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 1006 DATA IAW PWS Paragraph 4.8.1 CDRL A0003, DI-SAFT-81563 NOT 1, Accident/Incident Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 2001: Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG8161176US Qty: 12 Months CLIN 2002 Basic Service contract to provide preventive maintenance and corrective action to TESCAN VEGA-3 XMU SEM, Serial No. VG1048121US Qty: 12 Months CLIN 2003 Over & Above Work (See PWS 1.4) (TBN) Services under the CLIN may be provided for multiple occurences throughout the period of performance. The Contractor shall submit an estimate to the PCO identifying the over and above work required. The PCO will review the estimate, negotiate a formal quote, and authorize the work prior to the start of over and above work. Qty: 1 LO Not Separately Priced (NSP) CLIN 2004 DATA IAW PWS paragraphs 1.1 - 1.4 CDRL 0001, DI-MGMT-80995A, Maintenance Service Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 2005 IAW PWS Paragraph 4.8 CDRL A002, DI-SAFT-82080, Contractor's Safety Plan IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) CLIN 2006 DATA IAW PWS Paragraph 4.8.1 CDRL A0003, DI-SAFT-81563 NOT 1, Accident/Incident Report IAW DD FORM 1423 Qty: 1 LO Not Separately Priced (NSP) Quotes should reflect pricing for FOB Destination (Robins AFB, GA 31098) and include the cage code, DUNS and taxpayer ID number. Also, a brief technical description shall be provided to verify technical aspects of the purchase. The Period of Performance is 11-16-2019 until 11-15-2022. Quotations should be emailed to Dwight Harman (dwight.harman@us.af.mil and Roy Peterson (roy.peterson.6@us.af.mil), no later than Friday, 23-October, 5:00p EST. The anticipated award date is 31-October-2019. Please do not request award status prior to this date. Manufacturer:Tescan USA 765 Commonwealth Drive, Suite 101 Warrendale, PA 15086 Justification for Sole Source: This is a brand name, single source requirement for the following reasons: Tescan USA is the only company with the ability to provide service to the instruments due to the proprietary nature of the hardware and software. Tescan USA is the official and sole USA representative for Tescan Brno s.r.o.; as such, supplies, accessories, and parts required to service and/or upgrade the SEMs can be obtained, installed, and guaranteed in the USA only from Tescan USA. Tescan USA does not allow third party resellers of its products, it does not partner with contract vendors, and it is the only company in the USA with factory trained service engineers for the Tescan SEMs. (See OEM letter). The following clauses are applicable to subject solicitation. The full text of solicitation provision can be electronically accessed at www.farsite.hill.af.mil. FAR 52.203-3 Gratuities FAR 52.204-7 System for Award management (https://www.sam.gov) FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.212-1 Instructions to Offerors FAR 52.212-3 Offeror Representations and Certifications - Commercial Items FAR 52.212-4 Contract Terms and Conditions - Commercial Items FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management. FAR 52.247-34 FOB Destination FAR 52.252-1 Solicitation Provisions Incorporated by Reference FAR 52.252-5 Authorized Deviations in Provisions: (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the regulation (b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.203-7003 Agency Office of the Inspector General DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7004 Alternate A, System for Award Management DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7009 Limitations on the Use and Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7011 Alternative Line Item Structure DFARS 252-204-7012 Safeguarding 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7013 Limitations on the Use or Disclosure DFARS 252.211-7003 Item Unique Identification and Valuation DFARS 252.211-7008 include with 252.211-7003 and requires the contractor to mark major end items DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System DFARS 252.225-7001 Buy American Act and Balance of Payments Program DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (WAWF is the method used by DoD for processing invoices/receiving reports.) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions DFARS 252.232-7010 Levies on Contract Payments DFARS 252.239-7009 Representation of Use of Cloud Computing DFARS 252.239-7010, Cloud Computing Services IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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: [Contracting Officer check as appropriate.] ___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 52.209-6, Protecting the 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 (Oct 2018) (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 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 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. ___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (ii) Alternate I (July 2014) of 52.222-35. ___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (ii) Alternate I (July 2014) of 52.222-36. ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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 (Oct 2015). (E. O. 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (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. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. ___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (47) (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. ___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (49) 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). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (60) (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. ___ (iii) Alternate II (Feb 2006) 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) ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 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 (Jan 2019) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 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. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (xiv) 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.) (xv) 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) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 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. (xxii) 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) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 52.217-9 -- Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 120 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 Years. (End of Clause)
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