SOLICITATION NOTICE
66 -- Procurement of two Monolith or Equivalent Instruments for Measuring the Binding Affinities of a Variety of Proteins by Microscale Thermophoresis
- Notice Date
- 3/31/2020 11:28:47 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- NIH National Cancer Institute Rockville MD 20850 USA
- ZIP Code
- 20850
- Solicitation Number
- 75N91020Q00025
- Response Due
- 4/10/2020 8:00:00 AM
- Archive Date
- 04/25/2020
- Point of Contact
- Adam Hernandez, Phone: (240) 276-5633
- E-Mail Address
-
adam.hernandez@nih.gov
(adam.hernandez@nih.gov)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- The U.S. Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Cell Biology (LCB), requires the procurement of two instruments � one with label-free detection by thermophoresis and one with labeled detection by thermophoresis � for measuring the binding affinities of a variety of proteins. This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR subpart 13.5 - Simplified Acquisition Procedures for Certain Commercial Items. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation, 75N91020Q00025, is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2020-05 (03-30-2020) , simplified acquisition procedures for commercial items.� The North American Industry Classification System code is 334516 and the business size standard is 1,000 employees.� THIS IS A TOTAL SMALL BUSINESS SET-ASIDE. 1.0 BRAND NAME OR EQUAL This requirement is for the procurement of the brand name or equivalent instruments described in section 4.0. The Federal Acquisition Regulation (FAR) provision FAR 52.211-6, Brand Name or Equal (AUG 1999) is applicable to this requirement. 2.0 BACKGROUND The U.S. Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Cell Biology (LCB), requires the procurement of two instruments � one with label-free detection by thermophoresis and one with labeled detection by thermophoresis � for measuring the binding affinities of a variety of proteins.� �Several LCB researchers study binding affinity to learn about structural biology, structure-function relationships, and the intermolecular interactions that drive biological processes. The affinity values can guide decisions about the biological relevance of a particular molecule, such as whether the molecule under investigation warrants further screening or characterization. Not all detection methods currently available to LCB allow for accurate affinity measurements of critical protein pathways and targets. Protein-small molecule interactions are important for discovery of novel therapeutic drugs. Additionally, better understanding protein-protein interactions helps better explain the underlining protein pathways. It is because of this void in LCB�s existing technologies that NCI is seeking additional instruments to facilitate both labeled and label-free determination of binding affinities. Some situations require labels (fluorescent probes that attach to a target), so that LCB can identify these targets of interest. The need for a labeled method is driven by the need for flexibility to measure protein-protein interactions, and other interactions in more realistic matrices (cell lysate, serum, plasma, or other complex bioliquids). Other cases require label-free detection, where LCB can detect the tryptophan intrinsic to a target, as non-intrinsic labels themselves can perturb a measurement. LCB�s label-free need is driven by protein-small molecule interactions, looking for targeted therapies, and their respective affinities to their targets. 3.0 TYPE OF ORDER This is a Firm-Fixed-Price Purchase Order. 4.0 PRODUCT FEATURES/SALIENT CHARACTERISTICS The following product features/characteristics are required: Both instruments shall measure binding affinities by measuring microscale thermophoresis (MST). This method is based on the measurement of the movement of molecules in microscopic temperature gradient. This mode of measurement is complementary to existing technologies in the lab. Each instrument shall include control software, instrument control computers, and data analysis software. One (1) NT.LabelFree Label-free instrument: The Label-free instrument shall use an infrared radiation (IR) laser to generate thermophoresis, and detect the protein where an intrinsic probe, Tryptophan, is excitable using ultraviolet (UV). The instrument shall measure protein-small molecule interactions. LCB requires thermophoresis to determined bound and unbound states of notoriously unstable biomolecules. Measuring difficult biomolecule targets in a label-free format is incredibly important for certain protein-small molecule interactions where labels are not possible or affect small molecule binding. The instrument shall measure binding affinities (Kd) from 10 nanomolar to 500 millimolar. The instrument shall require a minimum of 4�microliters (�l) per data point. Purified proteins can be difficult to obtain, so the quantity used in experiments can be limiting. Therefore, LCB requires measurements on small sample quantities. The instrument shall be immobilization-free. The ability to measure binding without immobilization to a surface provides an environment closer to the native environment for the interaction. Immobilization risks problems by sterically interfering with the interaction limits the experimental range to molecules that allow immobilization. Measurements shall be able to be completed in 30 minutes or less to increase throughput of measurements. As assays will be performed for screening small molecule inhibitors, it is not feasible for measurements to require hours of run time for the large number of measurements to be made. The instrument shall be able to measure binding affinities for molecules with molecular weight range of 101 � 107 Daltons and size range of 0.1 nanometer � 1 micrometer. These are the ranges of molecules that need to be analyzed in the laboratory. The instrument shall be capable of temperature control in the range 22-45 (� 0.3) �C. The ability to precisely control the temperature is critical particularly for comparing across multiple protein mutation states or small molecule interactions, as binding reactions are sensitive to conditions. The instrument shall be able to analyze up to 16 samples per run. Medium-throughput analysis capabilities are required for protein-drug screening experiments that will be regularly performed. The label-free instrument shall not exceed 13 inches wide x 18 inches high x 20 inches deep. These dimensions are required to fit in the available laboratory space. One (1) NT.115 Blue/Red Labeled instrument: The Labeled instrument shall use an infrared (IR) laser to generate thermophoresis and detect the protein where a non-intrinsic probe is excitable using visible wavelength (excite 488nm (blue) and (647nm (red)). LCB requires this to measure protein-protein interactions, which would not be possible using the label-free, UV-detection of tryptophan. The instrument shall measure binding affinities (Kd) from 1 nanomolar to 500 millimolar. The instrument shall require 1-10 nanomolar of the labeled interactor and a dilution series of the unlabeled binding partner starting at 20-fold higher than the expected Kd. The instrument shall require a minimum of 4�microliters of labeled interactor per data point. Purified proteins can be difficult to obtain, so the quantity used in experiments can be limiting. Therefore, there is a need for measurements on small sample quantities. The instrument shall be immobilization-free. The ability to measure binding without immobilization to a surface provides an environment closer to the native environment for the interaction. Immobilization risks problems by sterically interfering with the interaction limits the experimental range to molecules that allow immobilization. Measurements shall be able to be completed in 30 minutes or less to increase throughput of measurements. As assays will be performed for screening small molecule inhibitors, it is not feasible for measurements to require hours of run time for the large number of measurements to be made. The instrument shall be able to measure binding affinities for molecules with molecular weight range of 101 � 107 Daltons and size range of 0.1 nanometer � 1 micrometer. These are the ranges of molecules that need to be analyzed in the laboratory. The instrument shall be capable of temperature control in the range 22-45 (� 0.3) �C. The ability to precisely control the temperature is critical particularly for comparing across multiple protein mutation states or small molecule interactions, as binding reactions are sensitive to conditions. The instrument shall be able to analyze up to 16 samples per run. Medium-throughput analysis capabilities are required for protein-drug screening experiments that will be regularly performed. The instrument shall not exceed 13 inches wide x 18 inches high x 20 inches deep. These dimensions are required to fit in the available laboratory space. Labeled experiments shall be performed in cell lysate or complex bioliquids. Experiments using cell lysate is important to be able to study binding interactions under more physiological conditions. 4.1 DELIVERY / INSTALLATION Delivery shall be within 90 business days of purchase order award. All shipping/handling (including FOB) and delivery/installation fees shall be included in the quote. Upon delivery, the Contractor shall notify the NCI Contracting Officer Representative (COR), TBD at award, to schedule the installation date and time that shall occur within 14 business days after delivery. Installation shall be performed by, or under the direct supervision of, a certified operator. The Contractor shall deliver and install the equipment at the following address: ATTN: TBD at award Laboratory of Cell Biology Center for Cancer Research National Cancer Institute National Institutes of Health 37 Convent Drive Building 37, Rm 2140 Bethesda, MD 20892 E-mail: TBD at award Telephone: TBD at award 4.2 TRAINING Within 30 business days after installation, 1 day of training shall be provided on site for at least one primary user for each instrument (i.e., two days of training total). All training expenses, including materials and/or travel expenses, shall be included in the quoted price. 4.3�WARRANTY A minimum of 12-months warranty from the date of installation shall be included, which covers the cost of repair and/or replacement, including labor or any defect in workmanship or parts. 5.0 PAYMENT Payment shall be made upon delivery, inspection and acceptance by the Government. Payment authorization requires submission and approval of invoices to the NCI COR and NIH OFM, in accordance with the payment provisions listed below: The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow: I� � � � � INVOICE REQUIREMENTS A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed.� A proper invoice is an ""Original"" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9.� If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice.� (See exceptions under II., below.)� Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor. Vendor/Contractor:� Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). Remit-to address (Name and complete mailing address to send payment). Remittance name must match exactly with name on original order/contract.� If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. Invoice date. Unique invoice #s for all invoices per vendor regardless of site. NBS document number formats must be included for awards created in the NBS:� Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR). Federal Taxpayer Identification Number (TIN).� In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice.� The VIN is the number that appears after the contractor�s name on the face page of the award document. Identify that payment is to be made using a three-way match. Description of supplies/services that match the description on the award, by line billed.* Freight or delivery charge must be billed as shown on the award.� If it is included in the item price do not bill it separately.� If identified in the award as a separate line item, it must be billed separately. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* * NOTE:� If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice.� A modification to the order or contract may be needed before the invoice can be submitted and paid. B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order.� If authorized, shipping costs must be itemized.� Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt. C. Mail an original and 1 copy of the itemized invoice to: National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500 For inquiries regarding payment call: (301) 496-6088 In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the �Consignee� designated for the acquisition in blocks 6A � 6E of the face page of the Order/Award document. II. INVOICE PAYMENT A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: 1. The 30th day after the designated billing office has received a proper invoice. 2. The 30th day after Government acceptance of supplies delivered or services ��� performed. B.��� The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. III.���������� INTEREST PENALTIES A.��� An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. 1.�A proper invoice was received by the designated billing office. 2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor ��� compliance with a term or condition. 3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement ��� actions between the Government and the Contractor. B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (DEC 2013) a. Upon receipt�of accelerated payments from the Government,�the�Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when�such payment is otherwise�required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.� b. The�acceleration of payments under this clause does not provide any new rights under the prompt Payment Act. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business�concerns for the acquisition of commercial items. 6.0�CLAUSES AND PROVISIONS FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2020) (a)�The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: �����������(1)�52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)� � � �(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent�appropriations acts (and as extended in continuing resolutions)). �����������(2)�52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul�2018) (Section 1634 of Pub. L. 115-91). �����������(3)�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug�2019) (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.�3805note)). (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: _X_ (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 (June�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 (Oct�2018) (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. (Oct�2015) (31�U.S.C.�6101note). ___ (9)�52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct�2018) (41�U.S.C. 2313). ___ (10)�[Reserved]. ___ (11) (i)�52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15�U.S.C.657a). � � � � � � � � ��___ (ii)�Alternate I (Mar 2020) of�52.219-3. ___ (12)�(i)�52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15�U.S.C.�657a). � � � � � � � � � ___ (ii)�Alternate I (Mar 2020) of�52.219-4. ___ (13)�[Reserved] �_X_ (14)�(i)�52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15�U.S.C.644). � � � � � � � � � ___ (ii)�Alternate I (Mar 2020). � � � � � � � � � �___ (iii)�Alternate II (Nov�2011). ___ (15)�(i)�52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15�U.S.C.�644). � � � � � � � � � �___ (ii)�Alternate I (Mar 2020) of�52.219-7. � � � � � � � � � �___ (iii)�Alternate II (Mar�2004) of�52.219-7. _X_ (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 (Mar�2020) (15�U.S.C.�637(d)(4)). � � � � � � � � � �___ (ii)�Alternate I (Nov�2016) of�52.219-9. � � � � � � � � � �___ (iii)�Alternate II (Nov�2016) of�52.219-9. � � � � � � � � � �___ (iv)�Alternate III (Mar 2020) of�52.219-9. �������������������___ (v)�Alternate IV (Aug 2018) of�52.219-9 _X_ (18)�52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15�U.S.C.�644(r)). �_X_ (19)�52.219-14, Limitations on Subcontracting (Mar 2020) (15�U.S.C.637(a)(14)). ___ (20)�52.219-16, Liquidated Damages-Subcontracting Plan (Jan�1999) (15�U.S.C.�637(d)(4)(F)(i)). ___ (21)�52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15�U.S.C.�657f). _X_ (22)(i)�52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15�U.S.C.�632(a)(2)). � � � � � � � � � ___ (ii)�Alternate I (MAR 2020) of�52.219-28. ___ (23)�52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15�U.S.C.�637(m)). ___ (24)�52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar�2020) (15�U.S.C.�637(m)). _X_ (25)�52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). _X_�(26)�52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). _X_ (27)�52.222-3, Convict Labor (June�2003) (E.O.11755). �_X_ (28)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Jan�2020)�(E.O.13126). _X_ (29)�52.222-21, Prohibition of Segregated Facilities (Apr�2015). _X_ (30) (i)�52.222-26, Equal Opportunity (Sept�2016) (E.O.11246). � � � � � � � � � �___ (ii)�Alternate I (Feb�1999) of�52.222-26. _X_ (31)(i)�52.222-35, Equal Opportunity for Veterans (Oct�2015) (38�U.S.C.�4212). � � � � � � � � � � �___ (ii)�Alternate I (July�2014) of�52.222-35. _X_ (32)�(i)�52.222-36, Equal Opportunity for Workers with Disabilities (Jul�2014) (29�U.S.C.793). � � � � � � � � � �___ (ii)�Alternate I (July 2014) of�52.222-36. _X_ (33)�52.222-37, Employment Reports on Veterans (Feb 2016) (38�U.S.C.�4212). ___ (34)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec�2010) (E.O. 13496). ___ (35)(i)�52.222-50, Combating Trafficking in Persons (Jan�2019) (22�U.S.C.�chapter�78�and E.O. 13627). � � � � � � � � � �___ (ii)�Alternate I (Mar�2015) of�52.222-50�(22�U.S.C.�chapter78�and E.O. 13627). ___ (36)�52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in�22.1803.) ___ (37) (i)�52.223-9, Estimate of Percentage of Recovered Material Content for EPA�Designated Items (May�2008) (42�U.S.C.�6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii)�Alternate I (May�2008) of�52.223-9�(42�U.S.C.�6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38)�52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun�2016) (E.O. 13693). ___ (39)�52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun�2016) (E.O. 13693). ___ (40) (i)�52.223-13, Acquisition of EPEAT�-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). � � � � � � � � � ___ (ii)�Alternate I (Oct�2015) of�52.223-13. ___ (41) (i)�52.223-14, Acquisition of EPEAT�-Registered Televisions (Jun�2014) (E.O.s 13423 and 13514). � � � � � � � � � ___ (ii)�Alternate I (Jun�2014) of�52.223-14. _X_ (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. 552 a). � � � � � � � � �___ (ii)�Alternate I (Jan�2017) of�52.224-3. ___ (48)�52.225-1, Buy American-Supplies (May�2014) (41�U.S.C.�chapter�83). _X_ (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 2019) (19�U.S.C.�2501,�et seq.,�19�U.S.C.�3301�note). ___ (51)�52.225-13, Restrictions on Certain Foreign Purchases (June�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). _X_ (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 (Oct�2018) (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)(13)). ___ (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. � � � � � � � � � ___ (iii)�Alternate II (Feb�2006) of�52.247-64. (c)�The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ������������___ (1)�52.222-17, Nondisplacement of Qualified Workers (May�2014)(E.O. 13495). ������������___ (2)�52.222-41, Service Contract Labor Standards (Aug�2018) (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) (Aug�2018) (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). ������������_X_ (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). ������������___ (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). (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)�52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv)�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232) (v)�52.219-8,�Utilization�of Small Business Co...
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