SOLICITATION NOTICE
R -- Construability Review
- Notice Date
- 4/11/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 561210
— Facilities Support Services
- Contracting Office
- NASA Shared Services Center (NSSC), Building 1111, Jerry Hlass Road, Stennis Space Center, Mississippi, 39529, United States
- ZIP Code
- 39529
- Solicitation Number
- NNX17618415Q
- Archive Date
- 5/26/2017
- Point of Contact
- Dorothy S. Baskin, Phone: 3012863462, Tiffany Neal, Phone: 301 286-9847
- E-Mail Address
-
dorothy.s.baskin@nasa.gov, tiffany.neal@nasa.gov
(dorothy.s.baskin@nasa.gov, tiffany.neal@nasa.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- This solicitation includes the following sections: 1. Statement of Work - Section 1 2. Solicitation Provisions/Quote Instructions - Section 2 3. Solicitation Provisions/Representations and Certifications - Section 3 4. Clauses/Terms and Conditions - Section 4 5. Quote Evaluation Criteria - N/A SECTION 1 STATEMENT OF WORK Instrument Development Facility Constructability Review and Independent Cost Estimate Background • The Instrument Development Facility (IDF) is an approximately 54,000 ft2 two story mixed use facility with a penthouse. The facility provides offices on the exterior edge of the building with laboratories in the interior section. The penthouse is for mechanical systems supporting the building. When completed the facility will house the Planetary Environments Lab (PEL). PEL is responsible for studying the chemistry of atmospheres and surfaces of planets, moons, and small bodies. • This task order is to provide a constructability review and independent government estimate of the completed design drawings and specifications. • PDF Attachments: o IDF Drawing Package (Electronic Format) o IDF Specifications (Electronic Format) o BIM Model available Scope Contractor shall provide a constructability review of IDF plans and specifications to verify the clarity of the both in terms of construction contractors providing the final product with minimal issues during construction. Specifically, the contractor shall analyze each major design discipline for completeness of design and to verify that extraordinary construction methods will not be required. In addition to the discipline reviews the contractor shall conduct a cross discipline review to identify potential integration issues requiring additional focus during construction. Finally the contractor shall provide an independent cost estimate based on the drawings and specifications provided and identify forecasted market drivers for the next year that could have significant impact to construction cost. Requirements • Contractor shall verify the project, as detailed in the plans and specifications, can be constructed using standard construction methods, materials and techniques. • Contractor shall verify that the plans and specifications provide the construction contractor with clear, concise information that can be utilized to prepare a competitive, cost-effective bid. • Contractor shall identify areas of concern to the Government and their reasons for highlighting it as a constructability issue. • Contractor shall provide independent cost estimate from individual with at least five years' experience estimating construction projects. • Contractor shall attend a kick off meeting and final report. The kick off meeting will allow the contractor to gain an understanding of the task requirements and the IDF project. The final report meeting is to allow the contractor to present their results and answer questions. Deliverables or Delivery Schedule • Contractor shall provide 3 paper copies of the final report, including independent estimate and one electronic copy. Reports shall be on 8 ½ x 11 inch paper and in a three ring binder (or equivalent). o Report shall include constructability review comments; cost estimate; minute meetings; and annotated Government Comments. • The draft final report shall be delivered 45 days after contract award. • Government shall have two weeks to review and provide comments on the draft report. • A final report incorporating comments from the Government and final report meeting shall be delivered 75 days after contract award. Government-Furnished Equipment and Government-Furnished Information • The following Government-furnished information (GFI)will be provided to the contractor: o IDF Drawing Package (Electronic Format) o IDF Specifications (Electronic Format) o BIM Model • This is a pre-award activity to verify project budget and constructability. Contractor shall not be allowed to bid on this project for actual construction award. Place of Performance • The work is to be performed at the contractor's site. The kick off meeting and Final Report Meeting locations shall be held at Goddard Space Flight Center. Period of Performance • The period of performance shall be 80 days after contract award. SECTION 2 SOLICITATION PROVISIONS/QUOTE INSTRUCTIONS ☒52.212-1 Instructions to Offerors - Commercial Items (Oct 2015) Addendum to 52.212-1 In addition to the information required to be submitted with the offer by FAR clause 52.212-1(b), the following information shall also be submitted with the quote: The NAICS Code and the small business size standard for this procurement is 561210/ $38.50. The offeror shall state their size status for this procurement in their quote. All responsible sources may submit an offer which shall be considered by the agency. However, any award from this RFQ shall require the potential vendor to be certified within the System For Award Management System (SAM) and completion of Reps and Certs in the SAM system prior to award at www.sam.gov.o Offers for the items described above are due Wednesday, April 26th, 2017 by 11:59 A.M. EST to Dorothy.s.baskin@nasa.gov and must include, solicitation number, FOB destination to this Center, discount/payment terms, warranty duration, taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. If the end product offered is other than a domestic end product as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin. All contractual and technical questions must be in writing by e-mail to Dorothy.s.baskin@nasa.gov by Sunday, April 16, 2017. Telephone questions shall not be accepted. Any technical questions will be answered on a one on one basis. NASA Clause 1852.215-84(NOV 2011), Ombudsman, is applicable. It is the offeror's responsibility to monitor the following Internet site for the release of solicitation amendments (if any): http://prod.nais.nasa.gov/cgi-bin/eps/bizops.cgi?gr=D&pin=62. Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any). SECTION 3 SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS ☒52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB 2016) You must register your Entity (business, individual, or government agency) at SAM.GOV and Offeror Representations and Certifications must also be completed. SECTION 4 CLAUSES/TERMS AND CONDITIONS APPLICABLE COMMERCIAL ITEM CLAUSES This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015), incorporated by reference; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (Feb 2016) attached to this order; and any additional terms and conditions checked below or included as a Center specific requirements as addenda to 52.212-4. ☒52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://procurement.nasa.gov/far/ FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCOPORATED BY REFERENCE: ☒52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017) ☐52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) ☒52.204-13 System for Award Management Maintenance (Oct 2016) ☒52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) ☐52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) ☒52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) ☒52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) ☐52.245-1 Government Property (Jan 2017) ☒52.247-34 F.o.b. Destination (Nov 1991) NASA FAR SUPPLEMENT (NFS) CLAUSES INCORPORATED BY REFERENCE: ☒1852.203-71 Requirements to Inform Employees of Whistleblower rights (AUG 2014) ☐1852.204-75 Security Classification Requirements (SEP 1989) ☐1852.204-76 Security Requirements for Unclassified Information Technology Resources (JAN 2011) ☒1852.223-72 Safety and Health (Short Form) (Jul 2016) ☐1852.227-86 Commercial Computer Software-Licensing (Apr 2015) ☒1852.237-73 Release of Sensitive Information (JUNE 2005) ☐1852.245-76 List of government property furnished pursuant to FAR 52.245-1 (JAN 2011) NFS AND FAR CLAUSES IN FULL TEXT: ☒1852.215-84 OMBUDSMAN (NOV 2011) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. (b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document. (End of Clause) ☒1852.216-78 FIRM FIXED PRICED (Dec 1988) The total firm fixed price of this contract is $TBD (End of Clause) ☒1852.225-70 EXPORT LICENSES (FEB 2000) (a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at Marshall Space Flight Center, where the foreign person will have access to export-controlled technical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors. (End of clause) ☒52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2017) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ☐(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ☐(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ☐(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ☒(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ☐(5) [Reserved] ☐(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ☐(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ☐(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ☐(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ☐(10) [Reserved] ☐(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ☐(ii) Alternate I (Nov 2011) of 52.219-3. ☐(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ☐(ii) Alternate I (Jan 2011) of 52.219-4. ☐(13) [Reserved] ☐(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ☐(ii) Alternate I (Nov 2011). ☐(iii) Alternate II (Nov 2011). ☐(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ☐(ii) Alternate I (Oct 1995) of 52.219-7. ☐(iii) Alternate II (Mar 2004) of 52.219-7. ☐(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ☐(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ☐(ii) Alternate I (Nov 2016) of 52.219-9. ☐(iii) Alternate II (Nov 2016) of 52.219-9. ☐(iv)Alternate III (Nov 2016) of 52.219-9. ☐(v) Alternate IV (Nov 2016) of 52.219-9. ☐(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ☐(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). ☐(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ☐(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ☒(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ☐(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ☐(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ☒(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ☒(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). ☒(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ☒(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ☐(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ☒(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ☐(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ☐(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ☒(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ☐(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ☐(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ☐(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ☐(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). ☐(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 Television (Jun 2014) (E.O.s 13423 and 13514). ☐(ii) Alternate I (Jun 2014) of 52.223-14. ☐(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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. ☒(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ☐(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ☐(46) 52.223-21, Foams (Jun 2016) (E.O. 13693). ☐(47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ☐(ii) Alternate I (Jan 2017) of 52.224-3 ☒(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ☐(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ☐(ii) Alternate I (May 2014) of 52.225-3. ☐(iii) Alternate II (May 2014) of 52.225-3. ☐(iv) Alternate III (May 2014) of 52.225-3. ☐(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ☒(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ☐(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ☐(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ☐(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ☐(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ☐(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ☒(57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐(58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ☐(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ☐(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ☐(62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ☐(ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ☐(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ☐(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ☐(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ☐(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ☐(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ☐(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ☐(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ☐(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ☐(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ☐(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ☐(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (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. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) QUOTE EVALUATION CRITERIA The Government will award a contract from this solicitation to the responsible Offeror whose offer conforming to the solicitation is the lowest price technically acceptable (LPTA) offer. Offer's not deemed technically acceptable will be removed from further consideration of the contract award. An Offeror's quote will be deemed technically unacceptable and removed from further consideration for contract award if the Offeror's quote does not demonstrate that all of the requirements listed in this solicitation can be met in a satisfactory manner.
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