SOLICITATION NOTICE
X -- 2023 HCS Conference Rental
- Notice Date
- 6/29/2023 7:40:48 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- VBA FIELD CONTRACTING (36C10E) WASHINGTON DC 20006 USA
- ZIP Code
- 20006
- Solicitation Number
- 36C10E23Q0136
- Response Due
- 7/17/2023 12:00:00 PM
- Archive Date
- 08/16/2023
- Point of Contact
- Kolin A. Van Winkle, PhD, Contracting Officer, Phone: 216.401.1640, Fax: N/A
- E-Mail Address
-
kolin.vanwinkle@va.gov
(kolin.vanwinkle@va.gov)
- Awardee
- null
- Description
- COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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. The solicitation is being issued as a Request for Quotation. This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quote. 36C10E23Q0136 The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023 (Effective 06/02/2023); VAAR Update 2008-36 (Effective 01/01/2023), and Acquisition Policy Flash 23-13 (Effective 05/19/2023). The applicable North American Industry Classification System (NAICS) Code for this solicitation is: 721110 - Hotels (except Casino Hotels) and Motels. Quoters must be registered in the System for Award Management (SAM) at http://www.sam.gov in order to be considered for award. August 2023 Management Meeting Conference Space Rental ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 0001 Hotel Venue / Meeting Space The contracted venue must provide a meeting space on the following days: August 15 and August 16, 2023 in accordance with the attached Statement of Work (SOW). Principal NAICS code: 721110 - Hotels (except Casino Hotels) and Motels Product Service Code: X1AB - Lease/Rental of Conference Space and Facilities 1 EA $___________ $___________ 0002 Audio-visual (AV) Service and Equipment The contracted venue must provide Audio-visual (AV) on following days: August 15 and August 16, 2023 IAW the attached PWS. Principal NAICS code: 721110 - Hotels (except Casino Hotels) and Motels Product Service Code: X1AB - Lease/Rental of Conference Space and Facilities 1 JB $___________ $___________ Description of Requirement: August 2023 Managers Training Requirements Document Introduction. The Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA), will host a two (2) day Managers Training on August 15, 2023, through August 16, 2023 in downtown Chicago, IL. Scope. The VA s Veterans Benefits Administration, Office of Human Capital Service, is sponsoring the August 2023 Managers Training. The meeting will include approximately 100 participants each day to include attendees, presenters, and event organizers. VBA is seeking a venue in downtown Chicago, IL to provide hotel accommodations, breakout rooms, a board room, registration area, a formal reception space, and a large-sized meeting space to include audio-visual service and equipment support as specified in this document. The location must provide all requirements specified for meeting needs below. Place of Performance. Government personnel attending the symposium are staying at Marriott Marquis Chicago, 2121 S Prairie Ave, Chicago, IL 60616. Meeting space must be within a three-block walk of this location. Technical Requirements/Tasks. The following tasks and deliverables are intended to provide a clear approach to conduct the Managers Meeting effectively and efficiently. The training venue must not have renovations scheduled during the dates of the Managers Meeting (no exceptions). Task statement. The tasks below are described within each contract line-item number (CLIN). 5.1 CLIN 1: Hotel Venue / Meeting Space The contracted venue must provide a meeting space on the following days: August 15 and August 16, 2023: 5.1.1 General Session: One general session room is required, approximately 6,000 square feet. Wi-Fi is needed for all attendees in the general session. Meeting space for the general session should be held on a 24-hour basis (some exclusions may apply if the hotel can guaranty that the room is available until 6pm and will be set one hour prior to the start of the general session each day). Room setup and AV equipment setup should be completed by 3:00 pm on Monday, August 14, 2023. General session requirements begin at 7:00 am on Tuesday, August 15, 2023 through Wednesday, August 16, 2023 at 6:00 pm. Set for 100 in crescent seating for six; tables should be clearly labeled with numbers that can be read easily; power sources for attendees should be provided at the tables. There should be a head table (with 4 seats) on a riser to include a podium, with access to the riser by both ramp and steps. Ice water and glasses should be provided at the head table and table should have 4 writing pads and pens. Ice water and glasses should be provided in the back of the room and each table should have 6 writing pads and pens. General session room must be without pillars/posts to obstruct view. 2 easels are needed for the general session. Complimentary coffee is needed all day, starting one hour before the general session begins. Appropriate signage directing attendees to general session and breakout rooms should be provided. 5.1.2 Breakout Rooms: Three breakout rooms are needed Tuesday, August 15, at 7:00 am, through Wednesday, August 16, ending at 6:00 pm. Rooms are needed 7:00 am to 6:00 pm daily. These rooms are in addition to the general session meeting room. Approximately 1,000 square feet each that must accommodate no less than 30 people, classroom style; power sources for attendees should be provided in the back of the room. Wi-Fi is needed for all attendees in the breakout rooms. Rooms must include a podium and space for audio/visual front screen projection. A head table should be set in each breakout room with approximately 3 chairs. Ice water and glasses should be provided in the back of the room with writing pads and pens at each seat. Each of these breakout rooms must be without pillars/posts to obstruct the view. Easels are needed for each breakout room. 5.1.3 Board Room: One room to be used as a meeting room for no less than 6 people, set boardroom style is requested, in close proximity to the meeting space. The room is needed from Tuesday, August 15, at 7:00 am, through Wednesday, August 16, ending at 6:00 pm. Wi-Fi and a power supply is needed in the board room. 5.1.4 Admin Rooms: Two rooms to be used as a meeting room for no less than 8 people, set classroom style is requested, in close proximity to the meeting space. The room is needed from Tuesday, August 15, at 7:00 am, through Wednesday, August 16, ending at 6:00 pm. 5.1.5 Registration Area: A registration area is needed on Tuesday, August 15, at 7:00 am, through Wednesday, August 16, ending at 6:00 pm. Preference for the registration area is in close proximity to the general session room (ideally directly outside the room). There should be three six ft tables with skirting, four to six chairs, and a large trash can. Appropriate signage directing attendees to registration should be provided. 5.2 CLIN 2 Audio-visual (AV) Service and Equipment The contracted venue must provide AV service and equipment on the following days to include: August 15, 2023 through August 16, 2023, on-site audiovisual support is required. Audiovisual equipment requirements include: 50 Confidence Monitor 2 60"" LCD Monitor - Placed Throughout the Room 2 14'X18' Wide Screen (or whatever fits) 30 AC Cord/ Power Strip- One per round table 6 Complimentary Easels 1 Digital Mixer 16 Channel 4 JBL Speaker 4 LCD Projector (7000 Lumens) 1 Mx418 Low Profile Gooseneck Microphone at the podium 35 Pipe & Drape (Blue) per foot 1 Roland B40HD Switcher 1 SDI Dist. Amplifier 1 Speaker Timer System with Large Display 4 Video Distribution Amplifier 6 Wireless Handheld Mic 3 Wireless Lavalier Mic 1 Wireless Presentation Remote 1 9"" Video Monitors 1 Studio Camera with Tripods 1 WI-FI for up to 100 users 15 Stage lights and up-lights 1 Camera Operator 1 Technician Full Day Rate up to 8 Hours Audio 1 Technician Full Day Rate up to 8 Hours - Presentation and Switcher 5.2.1 Breakout Rooms 2 Easels in each room 1 8'X14' Wide Screen and LCD Projector (7000 Lumens) or 48 LCD Monitor with computer cable Wi-Fi is needed in the general session and the breakout rooms. All five rooms must be set with a sound system. All five rooms should be equipped with microphones. The general session room must be set with the laptop computer at a table at the side or back of the room (not at the podium). Full-time technical expert requested for the entirety of the general session. 5.3 Key Deliverables Item No. Deliverable Objective Due 5.1 Hotel Meeting Space Provide meeting space for participants of the August 2023 Managers Training event. August 15, 2023, through August 16, 2023 5.2 Audio Visual (AV) Service and Equipment Provide AV services and equipment to support the August 2023 Managers Training event. August 4, 2023 Dates and Place of Delivery: The August 2023 Managers Training will be held August 15-16, 2023. Government personnel attending the symposium are staying at Marriott Marquis Chicago, 2121 S Prairie Ave, Chicago, IL 60616. Meeting space must be within a three-block radius/walk of this location. FAR 52.212-1, Instructions to Offerors Commercial Items, applies to this solicitation. The following provisions and clauses are added as addenda: 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998), http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52.2524-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 852.239-71 Information System Security Plan and Accreditation (FEB 2023) 852.239-75 Information and Communication Technology Notice (FEB 2023) 852.270-1 Representatives of Contracting Officers (JAN 2008) FAR 52.212-2, Evaluation Commercial Items, applies to this solicitation. This combined synopsis & solicitation notice is a request for competitive quotations. The Government intends to award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror s submission and the provision at FAR 52.212-2, as provided in this solicitation. The Government has the right to award without any discussions. The following factors shall be used to evaluate offers: (i) Price: The price of all responsive quoters will be evaluated by the lowest aggregate sum of the contract line items (CLINs) as described herein. To be considered responsive, a quote must comply in all material respects to this request for quote (RFQ). Responsive quoters must be capable of providing a meeting location within a three block walk as described in this solicitation (see Section vi(3)). Locations outside this delineated area shall be considered non-responsive. (End of provision) Quoters must submit representations and certification in accordance with the provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items (accessible at http://www.acquisition.gov/far/index.html). FAR 52.212-4, Contract Terms and Conditions Commercial Items applies to this solicitation. The following provisions and clauses are added as addenda: VAAR 852.201-70 Contracting Officer s Representative (DEC 2022) VAAR 852.203-70 Commercial Advertising (MAY 2018) VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2012) VAAR 852.237-70 Contractor Responsibilities (APR 1984) 52.212-5, Terms and Conditions Required to Implement Executive Orders Commercial Items, (JUN 2023) applies to this solicitation. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order Commercial Products and Commercial Services (June 2023) (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 products and commercial services: (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 (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (7) 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 products and commercial services: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). X__ (9) 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (11) [Reserved]. __ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). __ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __ (14) [Reserved] __ (15) (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. __ (16) (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. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)). __ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Sep 2021) of 52.219-9. __ (19) (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. __ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __ (21) 52.219-16, Liquidated Damages Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). X_ (23) (i)52.219-28, Post Award Small Business Program Representation (Mar 2023)( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)). __ (25) 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 (Oct 2022) ( 15 U.S.C. 637(m)). __ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). __ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). __ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. __ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (ii) Alternate I (Jul 2014) of 52.222-35. __ (33) (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. __ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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). __ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (38) (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.) __ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (41) (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. X_ (42) (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. __ (43) 52.223-15, Energy Efficiency in Energy- Consuming Products (May 2020) ( 42 U.S.C. 8259b). __ (44) (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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (47) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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), Public Law 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 [Reserved]. __ (iii) Alternate II (Dec 2022) of 52.225-3. __ (iv) Alternate III (Jan 2021) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X_ (52) 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). __ (53) 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. Subtitle A, Part V, Subpart G Note). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). X__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). __ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). __ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). __ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Nov 2021) 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 products and commercial services: [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). X_ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 products or commercial services. 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 (Nov 2021) ( 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 (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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. Subtitle A, Part V, Subpart G Note). (xxii) 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. (xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services 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 (Jun 2023). 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 8 G 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 pertain to, 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 products or commercial services, o...
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