SAMDaily.us | MOD | 66 | High Resolution Diffraction Imaging and X-Ray Nano-Structural Analysis System

SAMDAILY.US - ISSUE OF APRIL 18, 2020 SAM #6715
MODIFICATION

66 -- High Resolution Diffraction Imaging and X-Ray Nano-Structural Analysis System

Notice Date: 4/16/2020 7:57:37 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 334516 — Analytical Laboratory Instrument Manufacturing
Contracting Office: NAVAL RESEARCH LABORATORY WASHINGTON DC 20375-5328 USA
ZIP Code: 20375-5328
Solicitation Number: N00173-20-R-TL07
Response Due: 5/19/2020 7:00:00 AM
Archive Date: 06/03/2020
Point of Contact: TALISA BOYD, Phone: 2027670667
E-Mail Address: talisa.boyd@nrl.navy.mil
(talisa.boyd@nrl.navy.mil)
Description: I.�This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. II.�Solicitation number is issued as a request for proposal (RFP). III.�Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04, Effective 01-15-2020, DPN 20200114, and NMCARS 2018 Edition, Current to 18-10 (Effective: January 29, 2020). IV.�The North American Industry Classification Systems Code (NAICS) for this solicitation is 334516 and the associated small business size is 1,000 employees. The associated Federal Supply Code (FSC)/Product Service Code (PSC) is 6650. V.�A list of line item number(s) to be procured is provided below: CLIN 0001 -- Commercially available High Resolution Diffraction Imaging and X-Ray Nano-Structural Analysis System, meeting all technical, physical, functional and performance requirements specified in the attachment(s) CLIN 0002 -- Installation VI.�The Naval Research Laboratory (NRL) intends to award a Firm-Fixed-Price (FFP) contract for delivery of a single commercially available High Resolution Diffraction Imaging and X-Ray Nano-Structural Analysis System, to be used to characterize defects in a variety of materials, synthesized at the Electronics Sciences and Technology Division, such as GaSb and GeSn based IR materials, SiC, GaN, InP based photovoltaics, perovskites, Ga2O3, and crystalline nanomaterials. �Complete physical, functional, performance, and delivery schedule requirements are provided in the attachment(s) of this solicitation. VII.�Delivery and Acceptance: DELIVERY SHALL BE FOB DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34. Delivery and acceptance is at The Naval Research Laboratory. 4555 Overlook Ave. SW, Washington, DC 20375. The Government will not pay for shipping and handling. FOB DESTINATION MEANS: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery. Delivery is FOB Destination. Delivery and acceptance is at NRL, Washington, D.C. 20375. Specific delivery/installation location at NRL - Washington will be provided at the time of Contract Award. VIII FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Oct 2018) and addenda and tailoring apply to this acquisition FAR 52.212-1 has been tailored to include the following additional instructions: a) This procurement is for new equipment ONLY. �No remanufactured or ""gray market"" items are acceptable. All equipment must be covered by the manufacturer's warranty. b) Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. c) Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor for the specific items being procured. d) General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical proposal. e) ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)- In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. f) Any resultant contract will be DO Rated under the Defense Priorities and Allocations System (DPAS). g) Any inquiry regarding this solicitation shall be submitted to the Contract Specialist, TaLisa Boyd, in writing, via e-mail at TaLisa.Boyd@nrl.navy.mil, no later than three (3) business days after the release date of this solicitation. h) Facsimile proposals are NOT authorized. i) Offeror shall complete the electronic annual representations and certifications at HTTP://WWW.ACQUISITION.GOV in conjunction with required registration in the System for Award Management (SAM) database and FAR 52.212-3 Offeror Representations and Certifications--Commercial Items (DEC 2019). In accordance with paragraph�(j) of FAR 52.212-3, if changes to the SAM annual representations and certifications apply to this acquisition, the offeror must clearly identify the applicable paragraphs at (b) through (i) which the offeror has completed for the purpose of this solicitation only. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (k) Offeror shall submit documentation that confirms the proposed item meets or exceeds all physical, functional, performance, and delivery schedule requirements, and any other terms and conditions specified in this solicitation and its attachment(s). (l) The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. Addendum to FAR 52.212-1 Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers. IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) is applicable to this acquisition. (a) The Government will award a contract, resulting from this solicitation, to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical Acceptability and Capability. Technical acceptability and capability of the item offered to meet the Government requirement.� For the purpose of evaluation of Technical Acceptability and Capability is defined as meeting all physical, functional, performance, and delivery schedule requirements, and ant other terms and conditions specified in the solicitation and its attachment(s). General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical proposal. (ii) Price (iii) Delivery Schedule. Offerors will be evaluated on their ability to delivery ALL items within twelve (12) months of contract award; (iv) Past Performance (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (DEC 2019) AND ALTERNATE I (OCT 2014)�apply to this acquisition. Offerors shall have and maintain active annual Representations and Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov .� If paragraph (j*) of the provision applies, a written submission is required: (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-� (1) ��In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ��Outside the United States. XI. FAR 52.212-4, CONTRACTS TERMS AND CONDITIONS -- COMMERCIAL ITEMS -- (OCT 2018)�applies to this acquisition. ADDITIONAL FAR and DFARS PROVISIONS THAT APPLY TO THIS ACQUISITION: FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR 52.204-24 REPRESENTATION REGARDING CERTAI TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (NOV 2011) DFARS 252.213-7000, NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFORMANCE RISK SYSTEM IN PAST PERFORMANCE EVALUATIONS (SEP 2019) DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012) DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA�BASIC (JUL 2019) DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018) DFARS 252.239-7017 NOTICE OF SUPPLY CHAIN RISK (FEB 2019) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) �(a)�Definitions. As used in this provision� ��Administrative proceeding� means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. ��Federal contracts and grants with total value greater than $10,000,000� means� ��(1)�The total value of all current, active contracts and grants, including all priced options; and ��(2)�The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). ��Principal� means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). ��(b)�The offeror ? has ? does not have current active Federal contracts and grants with total value greater than $10,000,000. ��(c)If the offeror checked �has� in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: ��(1)�Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: ��(i)In a criminal proceeding, a conviction. ��(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. ��(iii)In an administrative proceeding, a finding of fault and liability that results in� ��(A)�The payment of a monetary fine or penalty of $5,000 or more; or ��(B)�The payment of a reimbursement, restitution, or damages in excess of $100,000. ��(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. ��(2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. ��(d)�The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov�(see�52.204-7). (End of provision) DFARS 252.215-7008� ONLY ONE OFFER (JUL 2019) �� (a)� Cost or pricing data requirements.� After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to� �� (1)� Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and �� (2)� Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation. �� (b)� Canadian Commercial Corporation.� If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required.� If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the� Canadian Commercial Corporation shall obtain and provide the following: �� (1)� Profit rate or fee (as applicable). �� (2)� Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1). �� (3)� Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable. Data required may include but limited to current catalog pricing information for the system offered and current sale information providing details on the lowest prices recently paid by other customers for the same or similar system. �� (4)� As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror. �� (c)� Subcontracts.� Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. (End of Provision) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term ""supplies"" is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it- ��Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ��Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. (End of provision) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):� Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ Department of the Navy Acquisition Regulations (NMCARS): � �https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2020)�applies to this acquisition. Also, the additional FAR clauses cited in this clause, below, are applicable to this acquisition: �(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.�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: 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.�6101 note). X��(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 (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 Set-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. X��(16)�52.219-8, Utilization of Small Business Concerns (Oct�2018) (15�U.S.C.�637(d)(2)�and (3)). X��(17)� X��(i)�52.219-9, Small Business Subcontracting Plan (Aug�2018) (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 (Aug 2018) 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)). X��(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 (Oct�2019)�(15�U.S.C.�657f). X��(22)�52.219-28, Post Award Small Business Program Representation (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)). X��(25)�52.222-3, Convict Labor (June�2003) (E.O.11755). X��(26)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Jan�2020)�(E.O.13126). X��(27)�52.222-21, Prohibition of Segregated Facilities (Apr�2015). X��(28)� X��(i)�52.222-26, Equal Opportunity (Sept�2016) (E.O.11246). ��(ii)�Alternate I (Feb�1999) of�52.222-26. ��(29)� ��(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��(30)� X��(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��(31)�52.222-37, Employment Reports on Veterans (Feb 2016) (38�U.S.C.�4212). X��(32)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec�2010) (E.O. 13496). X��(33)� X��(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.�chapter 78�and E.O. 13627). X��(34)�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.) ��(35)� ��(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.) ��(36)�52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun�2016) (E.O. 13693). ��(37)�52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun�2016) (E.O. 13693). ��(38)� ��(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. ��(39)� ��(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. ��(40)�52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42�U.S.C.�8259b). ��(41)� ��(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��(42)�52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ��(43)�52.223-20, Aerosols (Jun�2016) (E.O. 13693). ��(44)�52.223-21, Foams (Jun�2016) (E.O. 13693). ��(45)� ��(i)�52.224-3�Privacy Training (Jan�2017) (5 U.S.C. 552 a). ��(ii)�Alternate I (Jan�2017) of�52.224-3. X��(46)�52.225-1, Buy American-Supplies (May�2014) (41�U.S.C.�chapter�83). (47)� ��(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. X��(48)�52.225-5, Trade Agreements�(Oct 2019) (19�U.S.C.�2501,�et seq.,�19�U.S.C.�3301�note). ��(49)�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). ��(50)�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). ��(51)�52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov�2007) (42�U.S.C.�5150). ��(52)�52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov�2007) (42�U.S.C.�5150). ��(53)�52.232-29, Terms for Financing of Purchases of Commercial Items (Feb�2002) (41�U.S.C.4505,�10�U.S.C.2307(f)). ��(54)�52.232-30, Installment Payments for Commercial Items (Jan�2017) (41�U.S.C.4505,�10�U.S.C.2307(f)). X��(55)�52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct�2018) (31�U.S.C.�3332). ��(56)�52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul�2013) (31 U.S.C.3332). ��(57)�52.232-36, Payment by Third Party (May�2014) (31�U.S.C.3332). ��(58)�52.239-1, Privacy or Security Safeguards (Aug�1996) (5�U.S.C.�552a). ��(59)�52.242-5, Payments to Small Business Subcontractors (Jan�2017)�(15�U.S.C.�637(d)(13)). ��(60)� ��(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). ��(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 SickLeave 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 an...
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66 -- High Resolution Diffraction Imaging and X-Ray Nano-Structural Analysis System