SAMDaily.us | PRESOL | 66 | CT Scanner

SAMDAILY.US - ISSUE OF APRIL 30, 2022 SAM #7456
SOLICITATION NOTICE

66 -- CT Scanner

Notice Date: 4/28/2022 11:10:08 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 334516 — Analytical Laboratory Instrument Manufacturing
Contracting Office: FDA OFFICE OF ACQ GRANT SVCS Beltsville MD 20705 USA
ZIP Code: 20705
Solicitation Number: FDA-22-1251787
Response Due: 5/9/2022 10:00:00 AM
Archive Date: 05/24/2022
Point of Contact: Julia Savage
E-Mail Address: julia.savage@fda.hhs.gov
(julia.savage@fda.hhs.gov)
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) 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 in conjunction with FAR PART 13.� The solicitation number is FDA-22-1251787. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04, January 30, 2022. The associated North American Industry Classification System (NAICS) Code is- 334516 � Analytical Laboratory Instrument Manufacturing. This requirement is being competed unrestricted and made available to Full and Open competition, meaning any qualified vendor regardless of size status may submit a quote. Respondents are responsible for submitting proposal/quote and any supporting documents before 1:00 PM Eastern Time on May 9, 2022 by e-Mail to julia.savage@fda.hhs.gov. For information regarding this solicitation, please contact Julia Savage by e-Mail at julia.savage@fda.hhs.gov. Background: �The Winchester Engineering and Analytical Center (WEAC) has been charged with the development of test methods, as well as sample analysis, for electronic nicotine delivery systems (ENDS) and medical devices. The devices vary in size and weight and the scanner must be able to handle these products. The use of this technology to conduct 3D examinations of these devices would allow quicker, more efficient, analyses of a myriad of products regulated by the FDA. WEAC requires an industrial Computed Tomography (CT) Scanner to be used in the ENDS product work and in the analysis of medical devices at the facility. An industrial CT System would enable WEAC to perform NDT analyses on a variety of medical devices. It would allow the laboratory to analyze such items as syringes, tubing, autoinjectors, and stents for flash, volume, embedded objects, fatigue, poor workmanship, and other anomalies in a manner that is quicker and possibly more accurate than the current method of microscopy. In addition, the system would be very useful for our work with tobacco products such as electronic cigarettes and their concomitant accessories such as lithium-ion batteries. This is the cutting edge of NDT analyses, failure analysis and reverse engineering. It is proposed that the cost of the scanner be shared equally (50/50 split) between CTP and ORS. Requirement The contractor shall meet the following salient characteristics/performance requirements for one (1) ��Computerized Tomography (CT) Scanner. Salient Characteristics/Performance Requirements Industrial CT Scanner General Parameters: The CT scanner must be able to accommodate a variety of sample sizes.� These sizes shall range between that of an electronic cigarette or a syringe (of various volumes), through pacemakers to orthotics. Must allow for the selection of kVp up to approximately 225 kVp. Must have a small focal spot (3um or less) Must contain replaceable cathode filaments. Must not emit stray radiation while in use.� The source and sample need to be shielded and meet or exceed the emission requirements of the Federal cabinet x-ray performance standard. The unit must allow the analysis of samples using 5 axes with the 5th being a rotating axis. The system needs to have a flat image receptor and shall have 2000 x 2000 pixels (400 x 400 mm) with 200 micron pixels. System temperature stabilized with an external chiller Include all components for using the CT System and Image processing: Computer, monitor, mouse, keyboard, and operating software Specialized instrument control software High Performance CT reconstruction workstation CT Reconstruction Imaging Software The contractor shall ensure that the system shall be a turn-key solution. The contractor shall be responsible for providing all hardware, components, instruments, computers, laser printers, software, and that otherwise required to meet these specifications, the FDA�s stated need, and shall be fit for intended purpose. The systems shall be delivered with all necessary supplies and accessories required for installation and start-up.� The vendor shall demonstrate upon installation that the system meets or exceeds all performance specifications which have been included in the vendor�s response and/or used as evaluation criteria for award.� The vendor shall provide training for up to 5 users at WEAC ***IF FOB ORIGIN, please indicate the cost included on the quote**** GSA Contract Number: ___________________ (If Applicable) Period of Performance The period of performance begins the date of contract award execution.� The vendor shall deliver the equipment no later than 120 days after award execution and install the equipment no later than 120 days after award execution.� The equipment will include a one-year warranty period beginning the date of formal government acceptance.�� Section 508 Compliance The Contractor shall be familiar with Section 508 requirements as described at http://www.section508.gov/ in order to ensure that documents generated as part of the tasks are fully Section 508-accessible using the available COTS tools. Each order will identify the standards applicable to that order. Repairs and Maintenance visits shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov.� Federal holidays are as follows: �� New Year�s Day �� Birthday of Martin Luther King, Jr. �� Washington�s Birthday �� Memorial Day �� Juneteenth �� Independence Day �� Labor Day �� Columbus Day �� Veteran�s Day �� Thanksgiving Day �� Christmas Day Contract Type- Commercial Item - Firm fixed price with N30 payment terms Evaluation Criteria The Government will award a contract resulting from this solicitation to the responsible quoter as a fixed?price contract on the lowest price technically acceptable (LPTA) evaluation method. Award will be made on the basis of the lowest evaluated price meeting or exceeding the non?cost factor (technical conformance to the requirements of the solicitation). The Quoter�s initial quotation shall contain the Quoter�s best terms from a price standpoint. Failure to demonstrate meeting any of the requirements will result in a rating of technically unacceptable and will not be considered for award. Contract Clauses- FAR 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. Full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ & http://farsite.hill.af.mil/vfhhsara.htm The clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) applies to this acquisition. The following FAR 52.212-4 addenda apply: The FDA does not accept documents which contain the use of macros. Document submissions required throughout the award period(s) shall not have enabled macro functionality. Any document(s) delivered having macro functionality will be deemed delinquent, if not corrected prior to the due date. Addendum Paragraph (a). Supplies and/or services delivered hereunder shall be inspected and accepted at destination by the Contracting Officers Representative (COR) or Technical Point of Contact (TPOC) specified below.� If the supplies or services are acceptable, the COR/TPOC shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR/TPOC shall document the nonconforming items/services and immediately notify the contracting officer. FAR Clause 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR Clause 52.204-13 System for Award Management Maintenance (Oct 2018) FAR Clause 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016) FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000) �� (a) �� any time before the contract expiration; �any time before the contract expires...� �� (c) �shall not exceed 4 years� HHSAR Clause 352.203-70 � Anti-lobbying�� Dec 2015 HHSAR Clause 352.222-70�� Contractor Cooperation in Equal Employment Opportunity �� Investigations� Dec 2015 HHSAR Clause 352.239-74 Electronic and Information Technology Accessibility (Dec 2015) Paragraph (c). The Section 508 standards applicable�Checklist for various formats are available at http://508.hhs.gov/, or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html. Payment Terms Net 30 Days After Government Acceptance of Supplies/Services No Advance Payment(s) Shall be Made CONTRACTOR SHALL SUBMIT ALL INVOICES AS FOLLOWS: FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022) a.� All Invoice submissions for goods and or services must be made electronically through the U.S. Department of Treasury's Invoice Processing Platform System (IPP).��http://www.ipp.gov/vendors/index.htm b.� Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor.� To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), ""Content of Invoices"" and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial items contracts.� The IPP website address is:�https://www.ipp.gov c.�� The Agency will enroll the Contractors new to IPP.� The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment.� The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award for new contracts or date of modification for existing contracts.� Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov.� Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.�� The Contractor POC will receive two emails from�IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days. If your company is already registered to use IPP, you will not be required to re-register.� If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.�� d.��Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable). e.��Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts.��At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred. Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category; Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)- show rate, base and total amount; Consultants (if applicable) - include the name, number of days or hours worked, daily�or hourly rate, and a total amount per consultant; Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed; Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor; Other Direct Costs - include a listing of all other direct charges to the contract, i.e.,�office supplies, telephone, duplication, postage; and Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable. f.��Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: (a)�list of all invoices submitted to date under the subject award, including the following: (1) invoice number, amount, & date submitted (2) corresponding payment amount & date received (b) total amount of all payments received to date under the subject contract or order (c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance. g.��Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced.� Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.�� h.��If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO. i.��Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing.� This may, however, be justification for excusable delays.� j.��The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort. k.��Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov.� Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed.� All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received.�� When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.� The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) Modify or extend the period of performance; (3) change the delivery schedule; (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract. FAR 52.212-5�Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Products and Commercial Services. (Jan 2022) ��(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)�52.233-3, 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 products and commercial services: __�(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.�2402). __�(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)�52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.�(Nov 2021)�(31�U.S.C.�6101�note). __�(9)�52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters�(Oct 2018)�(41�U.S.C.�2313). __�(10)�[Reserved]. __�(11)�52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award�(Sep 2021)�(15�U.S.C.�657a). __�(12)�52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns�(Sep 2021)�(if the offeror elects to waive the preference, it shall so indicate in its offer) (15�U.S.C.�657a). __�(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�(Nov 2021)�(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. __�(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�(Sep 2021)�(15�U.S.C.�637s). �__�(20)�52.219-16, Liquidated Damages�Subcontracting Plan�(Sep 2021)�(15�U.S.C.�637(d)(4)(F)(i)). __�(21)�52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside�(Sep 2021)�(15�U.S.C.�657f). __�(22) (i)�52.219-28, Post Award Small Business Program Rerepresentation�(Sep 2021)�(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�(Sep 2021)�(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�(Sep 2021)�(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�(Sep 2021)�(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�(Jan 2022)�(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. __�(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�(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). __�(36)�52.222-54, Employment Eligibility Verification�(Nov 2021)�. (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.) __�(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. _X_�(48)�52.225-1, Buy American-Supplies�(Nov 2021)�(41�U.S.C.�chapter�83). __�(49) (i)�52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act�(Nov 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. _X_�(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 Products and Commercial Services�(Nov 2021)�(41�U.S.C.�4505,�10�U.S.C.�2307(f)). __�(57)�52.232-30, Installment Payments for Commercial Products and Commercial Services�(Nov 2021)�(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). _X_�(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�(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: �__�(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). _X_�(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 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)�52.219-8, 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�(Nov 2021)�(22�U.S.C.�chapter�78�and E.O 13627). ��(B)�Alternate I�(Mar 2015)�of�...
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