SAMDaily.us | PRESOL | 70 | Brand Name or Equal Bloomberg Anywhere Subscription

SAMDAILY.US - ISSUE OF SEPTEMBER 30, 2021 SAM #7243
SOLICITATION NOTICE

70 -- Brand Name or Equal Bloomberg Anywhere Subscription

Notice Date: 9/28/2021 7:45:52 PM
Notice Type: Combined Synopsis/Solicitation
NAICS: 519190 — All Other Information Services
Contracting Office: GSA/FAS ITC OFFICE OF ACQUISITION OPERATIONS, INTERAGENCY CONTRACTS WASHINGTON DC 20405 USA
ZIP Code: 20405
Solicitation Number: 47QTCB21R0021
Response Due: 9/30/2021 8:00:00 AM
Archive Date: 10/15/2021
Point of Contact: Jenni Lewis, Phone: 7032697749, Alexandra (Sasha) Knaani, Phone: 7033507478
E-Mail Address: jenni.lewis@gsa.gov, alexandra.zaslavsky@gsa.gov
(jenni.lewis@gsa.gov, alexandra.zaslavsky@gsa.gov)
Description: General Services Administration (GSA) Federal Acquisition Service (FAS) Office of Information Technology Category (ITC) is issuing this Request for Quotation (RFQ) as a full and open, Brand Name or equivalent requirement to purchase Bloomberg Anywhere Subscriptions to Support Cyber and Supply Chain Risk Management Business Intelligence Analysis. The procurement is in accordance with the enclosed: Contract Clauses;� Representations, Certifications and other Statements of Quoters;� Instructions, Conditions and Notices to Quoters;� Evaluation Criteria for Award; additional requirements listed below;� AND the attached Background and Specification List. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (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. Interested parties are responsible for monitoring this site to ensure they have the most up to date information about this acquisition. No partial quotes will be considered. No partial awards will be made. The Solicitation is being issued using simplified acquisition under FAR Part 13.5. Evaluation of Awards will be conducted on an Lowest Price Technically Acceptable basis. The associated North American Industrial Classification System (NAICS) code for this procurement is 519190 - All Other� Information Services, with a small business size standard of 1,000 Employees.� The resultant contract is intended to be awarded as a one-time, firm-fixed price, single award for a one year period of performance: 30 Sept 2021-29 Sept 2022. This requirement is not set-aside for small business concerns and will be awarded on an all or none basis as a commercial item under the procedures at FAR Parts 12 and 13. The requiring activity is Office of Information Technology Category (ITC). GSA FAS ITC operates at the core of the GSA�s mission to leverage the buying power of the Federal Government to acquire the best value for taxpayers and Federal customers. To support GSA and accomplish the mission, FAS/ITC uses innovative techniques and leverages governmentwide buying power, acquisition expertise, and electronic tools to successfully deliver new and existing services, products and solutions. As the threat landscape continues to evolve, and new legislative and policy drivers come to bear, ITC will need to be positioned to implement newer and more sophisticated risk management strategies across the portfolio. In coordination with FAS Policy and Compliance (QV), the IT Security Subcategory will enhance the ITC Supply Chain Risk Management Program to drive efficiency in the acquisition process (incorporation of requirements from relevant legislation and clauses such as the SECURE Technology Act, NDAA, NIST and the FAR). Develop program and processes for operationalizing vendor risk assessments across all ITC subcategories to efficiently identify vendors currently at risk on Multiple Award Schedule (MAS) ITC. To mature the ITC SCRM Program ITC is striving to� implement new and more sophisticated risk management strategies across the portfolio in coordination with OPC, OGP, and the FASC. The contracting activity is GSA/FAS/ITC, 1800 F Street NW Washington, DC 20405.� GSA/FAS/ITC requests a quote to include: 1. Open market pricing for a Brand Name or equivalent requirement to purchase Bloomberg Anywhere Subscriptions to Support Cyber and Supply Chain Risk Management Business Intelligence Analysis.� 2. If the quoter is offering an equivalent to the Bloomberg Anywhere Subscriptions, the quote must also contain and indicate capability to provide all technical specifications included in the attached Background and Specification List in accordance with FAR 52.211-6 Brand Name or Equal. 7 � CLAUSES & PROVISIONS 7.1 � � � 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request the CO will make their full text available. Also, the full text of a provision may be accessed electronically at the FAR website: http://www.acquisition.gov/far/ Clause No Clause Title Date 52.202-1 Definitions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-2 Security Requirements (Aug 1996) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.211-6 Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors-Commercial Items (JUL 2021) 52.225-25 (P) Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.232-1 Payments (Apr 1984) 52.233-1 Disputes (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 7.2� � � CLAUSES INCORPORATED BY FULL TEXT 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.� As prescribed in 4.2105(a), insert the following provision:� REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)� (a) Definitions. As used in this provision�� Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.� (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing�� (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or� (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.� (c) Representation. The Offeror represents that�� It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.� (d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer�� (1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);� (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;� (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and� (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).� (End of provision) � 52.204-26 Covered Telecommunications Equipment or Services-Representation. As prescribed in 4.2105(c), insert the following provision: Covered Telecommunications Equipment or Services-Representation (Oct 2020) ��(a) Definitions. As used in this provision, ""covered telecommunications equipment or services"" and ""reasonable inquiry"" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ��(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) �� 52.212-2 Evaluation-Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 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: Lowest Price Technically Acceptable ��(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 offer�s 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) 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. (Jul 2021) ��(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: ��[Contracting Officer check as appropriate.] ��X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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). ��__ (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. ��__ (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)). ��__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). ��__ (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 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 (Mar2020) (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) (15U.S.C. 637(a)(17)). ��_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). ��__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (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 (Jul 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 (Jul 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). (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.) ��__ (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 (Jun2014) 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 (Jun2016) (E.O. 13693). ��__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). ��__ (ii) Alternate I (Jan 2017) of 52.224-3. ��__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83). ��__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3. ��__ (iii) Alternate II (Jan 2021) of 52.225-3. ��__ (iv) Alternate III (Jan 2021) of 52.225-3. ��__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ��X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. 2302Note). ��__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). ��__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). ��__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) . ��__ (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 (Oct2018) (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. 55305 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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). ��__ (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) ( 29U.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 2015) (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 (May2014) (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 Authorizationretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the period of performance. (End of clause) 52.232-2 SERVICE OF PROTEST (SEP 2006) �(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from alexandra.zaslavsky@gsa.gov. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] ��(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) �7.3 � � � GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM) CLAUSES INCORPORATED BY REFERENCE The full text of a provision may be accessed electronically at the GSAM website: https://www.acquisition.gov/gsam/gsam.html Clause No Clause Title Date 552.203-71 � Restriction on Advertising � � � � � (Sep 1999) 552.212-4� � � Contract Terms and Conditions�Commercial Items � � � � � � � (FEB 2018) ��(FAR DEVIATION) 552.232.25 Prompt Payment (Nov 2009) 52.232-39� � � Unenforceability of Unauthorized Obligations (FAR DEVIATION) (FEB 2018) 552.236-75 Use of Premises (Apr 1984) 552.239-70 Information Technology Security Plan and Security Authorization (Jun 2011) 7.4 � � � GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM) CLAUSES INCORPORATED IN FULL TEXT 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items. As prescribed in 512.301(a)(1), insert the following clause: Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (May 20...
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