SOLICITATION NOTICE
65 -- 36C249-21-AP-3405 - GEMINI LT PORCELAIN FURNACE 115V
- Notice Date
- 9/9/2021 11:44:44 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 339114
— Dental Equipment and Supplies Manufacturing
- Contracting Office
- 249-NETWORK CONTRACT OFFICE 9 (36C249) MURFREESBORO TN 37129 USA
- ZIP Code
- 37129
- Solicitation Number
- 36C24921Q0565
- Response Due
- 9/16/2021 8:00:00 AM
- Archive Date
- 10/16/2021
- Point of Contact
- Daniel Earls, Contract Specialist, Phone: 615-225-6485
- E-Mail Address
-
Daniel.Earls@va.gov
(Daniel.Earls@va.gov)
- Awardee
- null
- Description
- Page 3 of 10 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C24921Q0565 Posted Date: 09/09/2021 Response Date: 09/16/2021 Product or Service Code: 6515 Set Aside (SDVOSB/VOSB): Unrestricted NAICS Code: 339114 Contracting Office Address Network Contracting Office 9 (NCO 9), located at 1639 Medical Center Parkway, Suite 400, Murfreesboro, TN 37129 This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Subpart 12.6, and is being conducted under FAR Part 13; Simplified Acquisition Procedures. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items, Part 13, Simplified Acquisition Procedures, and VAAR Part 873 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a request for proposal (RFP). Submit a written proposal on RFP 36C24919R0119. The Government requires that all Contractors doing business with this office be registered with System for Award Management (SAM). No award can be made to a company not registered in SAM. For additional information and to register in SAM, please access the following web site: https://www.sam.gov/. Please ensure that the representations and certifications are completed to allow Contracting Officers to determine your business size and any additional socio-economic categories, if applicable. In order to register, all firms must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by accessing the Dun & Bradstreet website at https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm or by phone at (800) 234-3867. (iii) The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular 2021-06, July 12, 2021. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations supplement (VAAR) can be accessed on the Internet at http://acquisition.gov/comp/far/index.html (FAR) and https://www.va.gov/oal/library/vaar/ (VAAR). (iv) This solicitation is issued as unrestricted. The North American Industry Classification System (NAICS) code is 339114 and the size standard is 750 Employees. (v) This combined synopsis/solicitation is for the following commercial service: The Lexington VA Medical Center, located at 22500 Lesstown Road, building 28 Dental Clinic, Lexington, KY 40511 has a need for Gemini LT Porcelain Furnace (Brand Name or Equal). The Contractor will ship the Gemini LT Porcelain Oven directly to the address listed above. Contractor will be required to come on-site for training dental technicians on proper use. Vendor will warranty the unit for a period of one year. (vi) PRICE/COST SCHEDULE Item Code Description & Strength QTY. Unit Price 7958319 1 HOT SHOT PROFESSIONAL 1 EA _________ eCMS Item Line ID 19019628 7797717 2 MINIGLAZE 2 FURNACE AUTO 3 EA _________ eCMS Item Line ID 19019629 1270111 3 GEMINI LT PORCELAIN FURNA 115V 2 EA _________ eCMS Item Line ID 19019630 1003048 4 IMPULSE HEAT SEALER 110V 2 EA _________ eCMS Item Line ID 19019631 1399882 5 NOFLAME PLUS F/INSTRUMENT 115 VOLT 8 EA _________ eCMS Item Line ID 19019632 3561920 6 ALLOY GRINDER 1 EA _________ eCMS Item Line ID 19019633 Total Price: $________________ Delivery within 30 days ARO Delivery Address: Lexington VAMC 2250 Leestown Road Building 28 Dental Clinic Lexington, KY 40511. PLEASE PROVIDE THE FOLLOWING QUOTE TO Daniel Earls, Contracting Specialist, Daniel.Earls@va.gov. Please provide a timeframe for delivery (delivery is needed by the end of September if possible). The Government is awarding a firm fixed price purchase order. Quotes will be evaluated, and award will be made based on the offeror that provides the lowest priced quoted that meets or exceeds the salient characteristics listed above. Page 10 of 10 The following clauses/provisions apply to this RFQ and will be included in the resultant purchase order: A.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR Number Title Date 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016 52.211-6 BRAND NAME OR EQUAL AUG 1999 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS OCT 2018 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 A.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISTION OF COMMERICAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. _X_ 852.203-70, Commercial Advertising. 852.209-70, Organizational Conflicts of Interest. ___ 852.211-70, Equipment Operation and Maintenance Manuals. ___ 852.214-71, Restrictions on Alternate Item(s). ___ 852.214-72, Alternate Item(s). [Note: this is a fillable clause.] ___ 852.214-73, Alternate Packaging and Packing. ___ 852.214-74, Marking of Bid Samples. _ _ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. _ _ 852.215-71, Evaluation Factor Commitments. __ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-73, Economic Price Adjustment State Nursing Home Care for Veterans. ___ 852.216-74, Economic Price Adjustment Medicaid Labor Rates. ___ 852.216-75, Economic Price Adjustment Fuel Surcharge. _ _ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements. _X__ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. ___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside. ___ 852.222-70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans. ___ 852.228-70, Bond Premium Adjustment. ___ 852.228-71, Indemnification and Insurance. ___ 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. _X_ 852.232-72, Electronic Submission of Payment Requests. __ 852.233-70, Protest Content/Alternative Dispute Resolution. __ 852.233-71, Alternate Protest Procedure. _ _ 852.237-70, Indemnification and Medical Liability Insurance (FILL-INS = $1,000,000 per person; $3,000,000 per occurrence). ___ 852.246-71,Rejected Goods. ___ 852.246-72, Frozen Processed Foods. ___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements. __ 852.270-1, Representatives of Contracting Officers. ___ 852.271-72, Time Spent by Counselee in Counseling Process. ___ 852.271-73, Use and Publication of Counseling Results. _X__ 852.271-74, Inspection. ___ 852.271-75, Extension of Contract Period. ___ 852.273-70, Late Offers. ___ 852.273-71, Alternative Negotiation Techniques. ___ 852.273-72, Alternative Evaluation. ___ 852.273-73, Evaluation Health-Care Resources. ___ 852.273-74, Award without Exchanges. (b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause: ___ 852.237-74, Nondiscrimination in Service Delivery. (End of clause) A.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor. (End of clause) A.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) (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) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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: [] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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). [X] (8) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a). [] (ii) Alternate I (MAR 2020) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (MAR 2020) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6. [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219 9. [] (v) Alternate IV (JUN 2020) of 52.219 9. [] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13. [] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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)). [X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). [X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)). [] (ii) Alternate I (MAR 2020) of 52.219-28. [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)). [] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126). [X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26. [] (31)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JULY 2014) of 52.222-35. [X] (32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [] (ii) Alternate I (JULY 2014) of 52.222-36. [] (33) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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). [] (36) 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.) [] (37)(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.) [] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (40)(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. [] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). [] (43)(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. [X] (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American Supplies (JAN 2021) (41 U.S.C. chapter 83). [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3. [] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3. [] (50) 52.225 5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 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). [] (52) 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). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.229 12, Tax on Certain Foreign Procurements (JUN 2020). [] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332). [] (59) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). [] (63)(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: [] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (3) 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). [] (4) 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). [] (5) 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). [] (6) 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). [] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). [] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (9) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). (v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities. (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 (JUN 2020) (38 U.S.C. 4212). (ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222 37, Employment Reports on Veterans (JUN 2020) (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 (OCT 2020) (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). (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 (NOV 2020). (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 (JUN 2020) (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)
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- Place of Performance
- Address: Lexington VAMC, Lexington 40511
- Zip Code: 40511
- Zip Code: 40511
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