SAMDaily.us | PRESOL | Q | Comprehensive Molecular Genetic Testing for Laboratory Medicine

SAMDAILY.US - ISSUE OF MAY 16, 2021 SAM #7106
SOLICITATION NOTICE

Q -- Comprehensive Molecular Genetic Testing for Laboratory Medicine

Notice Date: 5/14/2021 12:29:41 PM
Notice Type: Combined Synopsis/Solicitation
NAICS: 621511 — Medical Laboratories
Contracting Office: NATIONAL INSTITUTES OF HEALTH - CC BETHESDA MD 20892 USA
ZIP Code: 20892
Solicitation Number: 21-002304
Response Due: 5/28/2021 9:00:00 AM
Archive Date: 06/12/2021
Point of Contact: Malinda Dehner, Phone: 7876718868, Barbara Taylor, Phone: 3015945915
E-Mail Address: dehnerm@cc.nih.gov, taylorb@cc.nih.gov
(dehnerm@cc.nih.gov, taylorb@cc.nih.gov)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: 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 acquisition will be made pursuant to the authority of FAR 13.5 to use simplified acquisition procedures for commercial requirements. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a small business set aside.� It is the intent of the Government to issue a single Indefinite Delivery Indefinite Quantity (IDIQ) award. The contract type is fixed price, based upon fixed prices for each test.� The period of performance is for a one year (12 month) base period with four (4) option periods. The total estimated price shall not exceed $3M. The solicitation number is RFQ 21-002304 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through FAR Federal Acquisition Circular 2021-05. The Clinical Center has a requirement for comprehensive�molecular genetic testing. �Offerors are referred to Attachment 1- Statement of Work (SOW) to see scope of �requirements.� All tests will be requested from the Clinical Center in Bethesda, Maryland.� Interested parties who meet the requirements are invited to submit a proposal, including statements of how the proposal will meet the Government requirements.� All information furnished shall be legible, typed and must contain sufficient details to allow the government to evaluate and determine best value, see Attachment 2-Technical Evaluation Criteria. The technical and past performance combined will be significantly more important than price. Please submit the technical and price quotes separately, clearly labeled.� The solicitation incorporates the provisions at FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS-DEVIATION FOR SIMPLIFIED ACQUISITIONS with� addenda. For the price quote the offeror�is requested to�provide the most versatility of genetic testing in at least 7 of the 10 required categories in section 2.2 (Deliverables) of the Statement of Work in the quote. Pricing for the tests proposed need to be submitted for the base and subsequent four option periods. FAR 52.212-2, EVALUATION-COMMERCIAL ITEMS does not apply. �Specific evaluation criteria can be found in Attachment 2 titled- Technical Evaluation Criteria 21-002304. �FAR 52.212-3, Offeror Representations and Certifications-Commercial Items-with duns number addendum. Or, the offeror may provide documentation that the vendor is current and registered in www.beta.sam.gov. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and there is no addenda to this clause. Incorporated by Reference (IBR) are the Following Stand Alone Discretionary FAR, and HHSAR, Clauses, 52.203-3 Gratuities (Apr 1984�) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (Apr 2014) 52.242-13 -- Bankruptcy (Jul 1995) Incorporated in Full Text are the Following Stand Alone Discretionary FAR, HHSAR, and Local Clauses, 52.216-19 Order Limitations. ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 EACH, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of the Estimated Ceiling; (2) Any order for a combination of items in the Estimated Ceiling; or (3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 -- Indefinite Quantity. Indefinite Quantity (OCT1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the ""maximum."" The Government shall order at least the quantity of supplies or services designated in the Schedule as the ""minimum."" (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after Contract Expiration. (End of clause) 52.217-8 Option to Extend Services. OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of the contract expiration date. (End of clause) 52.217-9 Option to Extend the Term of the Contract. OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within one day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months. (End of clause) 52.252-2 Clauses Incorporated by Reference. 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): __www.acquisition.gov__ HHSAR PROVISIONS-CLAUSES, http://farsite.hill.af.mil/VFHHSARA.HTM (End of clause) 52.252-6 Authorized Deviations in Clauses. As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert ""(DEVIATION)"" after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of ""(DEVIATION)"" after the date of the clause. (b) The use in this solicitation or contract of any HHSAR FAR Supplement (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of ""(DEVIATION)"" after the name of the regulation. (End of clause) 352.203-70 Anti-lobbying. As prescribed in 303.808-70, the Contracting Officer shall insert the following clause: Anti-Lobbying (January 2006) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (End of clause) 352.222-70 Contractor cooperation in equal employment opportunity investigations. As prescribed in 322.810(h), the Contracting Officer shall insert the following clause: Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) (a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 CFR Part 1614. For purposes of this clause, the following definitions apply: (1) ""Complaint"" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) ""Contractor employee"" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) ""Good faith cooperation"" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) Formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by Federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. (End of clause) 52.212-5�Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in�12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021) ��(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 2020)�(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: ��[Contracting Officer check as appropriate.] ��_X_�(1)�52.203-6, Restrictions on Subcontractor Sales to the Government�(June 2020), 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�(Jun 2020)�(41�U.S.C.�3509)). ��__�(3)�52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009�(Jun 2010)�(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ��X__�(4)�52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards�(Jun 2020)�(Pub. L. 109-282) (�31�U.S.C.�6101�note). ��__�(5)�[Reserved]. ��__�(6)�52.204-14, Service Contract Reporting Requirements�(Oct 2016)�(Pub. L. 111-117, section 743 of Div. C). ��_X_�(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.�(Jun 2020)�(31�U.S.C.�6101�note). ��__�(9)�52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters�(Oct 2018)�(41�U.S.C.�2313). ��__�(10)�[Reserved]. ��__�(11)� (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] ��__�(14)� (i)�52.219-6, Notice of Total Small Business Set-Aside�(Nov 2020)�(15�U.S.C.�644). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-6. ��__�(15)� (i)�52.219-7, Notice of Partial Small Business Set-Aside�(Nov 2020)�(15�U.S.C.�644). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-7. ��__�(16)�52.219-8, Utilization of Small Business Concerns�(Oct 2018)�(15�U.S.C.�637(d)(2)�and (3)). ��__�(17)� (i)�52.219-9, Small Business Subcontracting Plan�(Jun 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�(Jun 2020)�of�52.219-9. ��__�(v)�Alternate IV�(Jun 2020)�of�52.219-9 ��__�(18)� (i)�52.219-13, Notice of Set-Aside of Orders�(Mar 2020)�(15�U.S.C.�644(r)). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-13. ��__�(19)�52.219-14, Limitations on Subcontracting�(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). ��__�(22)� (i)�52.219-28, Post Award Small Business Program Rerepresentation�(Nov 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 (Mar2020) (15�U.S.C.�637(m)). ��__�(25)�52.219-32, Orders Issued Directly Under Small Business Reserves�(Mar 2020)�(15�U.S.C.�644(r)). ��__�(26)�52.219-33, Nonmanufacturer Rule�(Mar 2020)�(15U.S.C. 637(a)(17)). ��_X_�(27)�52.222-3, Convict Labor�(Jun 2003)�(E.O.11755). ��_X_�(28)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Jan2020)�(E.O.13126). �� X _�(29)�52.222-21, Prohibition of Segregated Facilities�(Apr 2015). ��__�(30)� (i)�52.222-26, Equal Opportunity�(Sep 2016)�(E.O.11246). ��__�(ii)�Alternate I�(Feb 1999)�of�52.222-26. ��__�(31)� (i)�52.222-35, Equal Opportunity for Veterans�(Jun 2020)�(38�U.S.C.�4212). ��__�(ii)�Alternate I�(Jul 2014)�of�52.222-35. ��__�(32)� (i)�52.222-36, Equal Opportunity for Workers with Disabilities�(Jun 2020)�(29�U.S.C.�793). ��__�(ii)�Alternate I�(Jul 2014)�of�52.222-36. ��__�(33)�52.222-37, Employment Reports on Veterans (Jun 2020) (38�U.S.C.�4212). ��__�(34)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act�(Dec 2010)�(E.O. 13496). ��__�(35)� (i)�52.222-50, Combating Trafficking in Persons�(Oct 2020)�(22�U.S.C.�chapter�78�and E.O. 13627). ��__�(ii)�Alternate I�(Mar 2015)�of�52.222-50�(22�U.S.C.�chapter�78�and E.O. 13627). ��__�(36)�52.222-54, Employment Eligibility Verification (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 (Jun2014) of�52.223-14. ��__�(42)�52.223-15, Energy Efficiency in Energy-Consuming Products�(May 2020)�(42�U.S.C.�8259b). ��__�(43)� (i)�52.223-16, Acquisition of EPEAT�-Registered Personal Computer Products�(Oct 2015)�(E.O.s 13423 and 13514). ��__�(ii)�Alternate I�(Jun 2014)�of�52.223-16. ��X__�(44)�52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving�(Jun 2020)�(E.O. 13513). ��__�(45)�52.223-20, Aerosols�(Jun 2016)�(E.O. 13693). ��__�(46)�52.223-21, Foams (Jun2016) (E.O. 13693). ��__�(47)� (i)�52.224-3�Privacy Training�(Jan 2017)�(5 U.S.C. 552 a). ��__�(ii)�Alternate I�(Jan 2017)�of�52.224-3. ��__�(48)�52.225-1, Buy American-Supplies (Jan2021) (41�U.S.C.�chapter�83). ��__�(49)� (i)�52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan�2021)(41�U.S.C.chapter83,�19�U.S.C.�3301�note,�19�U.S.C.�2112�note,�19�U.S.C.�3805�note,�19�U.S.C.�4001�note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ��__�(ii)�Alternate I�(Jan�2021)�of�52.225-3. ��__�(iii)�Alternate II�(Jan�2021)�of�52.225-3. ��__�(iv)�Alternate III�(Jan�2021)�of�52.225-3. ��__�(50)�52.225-5, Trade Agreements�(Oct 2019)�(19�U.S.C.�2501,�et seq.,�19�U.S.C.�3301�note). ��_X_�(51)�52.225-13, Restrictions on Certain Foreign Purchases�(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. 2302Note). ��__�(53)�52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42�U.S.C.�5150). ��__�(54)�52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42�U.S.C.�5150). ��__�(55)�52.229-12, Tax on Certain Foreign Procurements�(Jun 2020). ��__�(56)�52.232-29, Terms for Financing of Purchases of Commercial Items�(Feb 2002)�(41�U.S.C.�4505,�10�U.S.C.�2307(f)). ��__�(57)�52.232-30, Installment Payments for Commercial Items (Jan 2017) (41�U.S.C.�4505,�10�U.S.C.�2307(f)). ��_X_�(58)�52.232-33, Payment by Electronic Funds Transfer-System for Award Management�(Oct2018)�(31�U.S.C.�3332). ��__�(59)�52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31�U.S.C.�3332). ��__�(60)�52.232-36, Payment by Third Party�(May 2014)�(31�U.S.C.�3332). ��__�(61)�52.239-1, Privacy or Security Safeguards�(Aug 1996)�(5�U.S.C.�552a). ��__�(62)�52.242-5, Payments to Small Business Subcontractors�(Jan 2017)�(15�U.S.C.�637(d)(13)). ��__�(63)� (i)�52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels�(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: ��[Contracting Officer check as appropriate.] ��__�(1)�52.222-41, Service Contract Labor Standards�(Aug 2018)�(41�U.S.C.�chapter67). ��__�(2)�52.222-42, Statement of Equivalent Rates for Federal Hires�(May 2014)�(29�U.S.C.�206�and�41�U.S.C.�chapter�67). ��__�(3)�52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)�(Aug 2018)�(29�U.S.C.�206�and�41�U.S.C.�chapter�67). ��__�(4)�52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (�29U.S.C.206�and�41�U.S.C.�chapter�67). ��__�(5)�52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41�U.S.C.�chapter�67). ��_X_�(6)�52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements�(May 2014)�(41�U.S.C.�chapter�67). ��__�(7)�52.222-55, Minimum Wages Under Executive Order 13658�(Nov 2020). ��__�(8)�52.222-62, Paid Sick Leave Under Executive Order 13706�(Jan 2017)�(E.O. 13706). ��__�(9)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42�U.S.C.�1792). ��(d)�Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR�2.101, on the date of award of this contract, and does not contain the clause at�52.215-2, Audit and Records-Negotiation. ��(1)�The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor�s directly pertinent records involving transactions related to this contract. ��(2)�The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart�4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. ��(3)�As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. ��(e)� (1)�Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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�(Jun 2020)�(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�(xiii)� (A)�52.222-50, Combating Trafficking in Persons�(Oct 2020)�(22�U.S.C.�chapter�78�and E.O 13627). ��(B)�Alternate I�(Mar 2015)�of�52.222-50�(22�U.S.C.�chapter�78�and�E.O.�13627). ��(xiv)�52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41�U.S.C.�chapter�67). ��(xv)�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). ��(xvi)�52.222-54, Employment Eligibility Verification�(Oct 2015)�(E.O. 12989). ��(xvii)�52.222-55, Minimum Wages Under Executive Order 13658�(Nov 2020). ��(xviii)�52.222-62, Paid Sick Leave Under Executive Order 13706�(Jan 2017)�(E.O. 13706). ��(xix)� (A)�52.224-3, Privacy Training (Jan 2017) (5�U.S.C.�552a). ��(B)�Alternate I�(Jan 2017)�of�52.224-3. ��(xx)�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). ��(xxi)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations�(Jun 2020)�(42�U.S.C.�1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. ��(xxii)�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) FAR 52.232-18 AVAILABILITY OF FUNDS, applies to this requirement.�� All inquiries regarding this solicitation must be...
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