65--Anesthesia 4 Channel Monitoring System and Installation

Page 4 of 20 This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. Equivalent to Covidien 186-0212. Solicitation number VA256-17-Q-0583 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-84. Offers are due no later than Monday, April 20th, 2017 by 12:00 p.m., Central Standard Time (CST), New Orleans, LA. Invoicing is accepted after all delivery, installation, training, and deliverables are completed. The overall purpose is to provide and install (2) two Anesthesia 4 Channel Monitoring Systems to the Southeast Louisiana Veterans Healthcare System (SLVHCS) Diagnostics and Treatment Building Anesthesia Department located at 2400 Canal St. New Orleans, La 70119. This solicitation is set aside to 100% Service disabled Veteran Owned Small business. NOTE: All documentation submittal due times are Central local time (New Orleans, Louisiana). SECTION A. SUPPLEMENTAL INFORMATION TO OFFERORS 2 SECTION B STATEMENT OF WORK/PRICE AND COST SCHEDULE/ 4 DELIVERY SCHEDULE SECTION C CLAUSES 9 SECTION D SOLICITATION PROVISIONS 18 SECTION E EVALUATION FACTORS 20 SECTION A SUPPLEMENTAL INFORMATION TO OFFERORS 2. The Statement of Work within this solicitation is a non-negotiable document. Offers/quotes shall not include edits, revisions, additions, deletions, alterations, or track change comments to the Statement of Work. 3. NAICS code is 334510. The small business size standard is 500. 4. Composite List of Abbreviations: CLIN = Contract Line Item Number COR = Contracting Officer s Representative JB = Job (i.e. on payment after completion of entire CLIN requirements) EA = Each IAW = in accordance with POC = Point of Contact SE = Set SOW = Statement of Work FFP = Firm Fixed Price 5. Contract Type and Period of Performance: 5.1 Upon award, contract will be a Firm Fixed Price contract. The contract will consist of Contract Line Items (CLINs) for the Anesthesia 4 Channel Monitoring System and Installation. 5.2 This requirement includes 5 year manufacturer s warranty periods. Please read the Delivery Schedule for the delivery times and the quantities. 6.. Compensation for Services Rendered: 6.1 Please include your pricing in the Price/Cost Schedule Section B. 6.2 Quotes shall include a total Firm Fixed Price for CLINS 0001 0004 per Section B.3, Price/Cost Schedule. 9. Invoicing Procedures: 9.1Offeror should submit invoices in electronic form after all deliverables and work has been completed. Please refer to Delivery and Installation, Deliverables, training, and items on the Price/Cost Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. 10. System for Award Management (Sam) Registration/Contractor Responsibility 10.1 All Contractors are required to be actively registered in the System for Award Management (SAM). (SAM Website: www.sam.gov). Registration in SAM is a requirement to do business with the Federal Government and registration in SAM shall be maintained throughout the performance of the contract. 11. Modifications: 11.1 Contracting Officers within the networking contracting office issuing the contract, only, may issue modifications to the contract. 11.2 Distribution will be made via email. No hard copies will be distributed. 12. Please note the requirements of FAR provision 52.212-3. Prospective Contractors shall complete electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SAM database. Representations & Certifications must be completed and/or updated by the date and time offers are due. 13. Working hours are between 08:00 am 04:30 pm, Monday through Friday. All federal holidays excluded. Any work outside of normal working hours must be pre-approved by the CO and COR. Federal holidays are available at the Federal Holiday OPM Site. 14. Proposal Total Firm Fixed Price: 15 Offers shall include a Total Firm Fixed Price for CLINs 0001 0003 for the items listed in this procurement. 16. Solicitation Questions 16.1. The specific requirements for this solicitation are outlined in the Statement of Work. Questions concerning this solicitation shall be submitted in writing only. (Questions will not be answered or addressed telephonically). Questions shall be submitted via electronic mail (e-mail) to: contact@example.gov. Questions will be accepted up to 4:00 p.m. (CST), April 18, 2017.All questions and answers will be published via amendment to the solicitation. 17. Amendments to Solicitation 17.1 Amendments to this solicitation shall be posted on FedBizOpps only (Website (www.fbo.gov). It is the responsibility of the contractor to monitor any updates via www.fbo.gov for any amendments to this solicitation. B. STATEMENT OF WORK 2. SCOPE 2.1 The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics defined in this section. 2.2 All equipment and installation must meet manufacturers and VA specifications. 2.3 The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and installation of the supplies and equipment. 2.4 The Contractor is responsible for any missing parts and components not included in order to carry out the Installation and proper instrument function. 2.5 SALIENT CHARACTERISTICS 2.5.1 Anesthesia 4 Channel Monitoring System Equivalent to Covidien 186-1014 Specifications/Salient Characteristics: A 4 channel monitoring system is utilized to provide the physician the capability to detect hemispheric differences in the brain. At a minimum of four channels of EEG An Asymmetry indicator Must provide a graphical representation of EEG frequency differences between the two hemispheres 2.5.2 Bilateral Sensors EQUIVALENT TO: Covidien 186-0212 Specifications/Salient Characteristics: Must be compatible with line item 2.5.1 Disposable Must be capable of aiding in the detection of hemispheric differences in the brain At least 10 per Carton 2.5.3 Installation/Training Specifications/Salient Characteristics: Vendor must provide installation services as well as training to clinical staff and biomedical engineering staff. 2.6 DELIVERY AND INSTALLATION 2.6.1 DELIVERY 2.6.1.1 Contractor shall deliver all equipment to the Southeast Louisiana Veterans Health Care System (SLVHCS) Diagnostics and Treatment Building Anesthesia Department 2400 Canal St, New Orleans, LA 70119 on June 2, 2017 to Room 3E206. 2.6.1.2 Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon. 2.6.1.3 Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2.6.1.4 Deliver specified items only when the site is ready for installation work to proceed. 2.6.1.5 Store products in dry condition inside enclosed facilities. 2.6.1.6 Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government. 2.6.1.7 A pre-delivery meeting will be conducted 30 days prior to initial award delivery date for verification of delivery and installation dates. 2.6.1.8 Delivery and Installation will be coordinated through the COR. 2.6.2 INSTALLATION/ASSEMBLY 2.6.2.1 All equipment shall be installed/ assembled in a manner that will allow for its safe and effective utilization by contractor. 2.6.2.2 Install all equipment to manufacturer s specifications maintaining Federal, and Local safety standards 2.6.2.3 Installation must be completed by June 9, 2017. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday Friday. All federal holidays, excluded. Federal holidays are available at the Federal Holiday OPM Site. 2.6.2.4 If there is an operational conflict with installation, night or weekend installation may be required. Government will provide a 72 hours' notice of change of installation hours. 2.6.2.5 The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR. 2.6.2.6 The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the SLVHCS premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect. 2.7 SITE CONDITIONS 2.7.1 There shall be no smoking, eating, or drinking inside the hospital at any time. 3. INSPECTION AND ACCEPTANCE: 3.1 The Contractor shall conduct a joint inspection with the COR upon delivery of equipment. 3.2 Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). 3.3 The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer. 4. DELIVERABLES 4.1 Operation and Maintenance Manuals 4.1.1 Binders - Quantity (2) each for items 2.5.1-2.5.2 4.1.2 Digital Copies- Quantity (1) each for items 2.5.1-2.5.2 4.2 Deliver compilation of all manufacturer recommended maintenance schedule and operation materials packaged in binder(s) to COR or designee upon completion of installation. 5. TRAINING: 5.1 Contractor shall provide On-site training of the equipment to the Users. Scheduling of operator training shall be coordinated with the SLVHCS COR or designee after installation is complete. 5.2 The contractor shall provide a training program to the Biomedical Engineering technicians and in-house clinical personnel. Technical training must provide Biomedical Engineering with the tools and knowledge to fully operate and maintain the system 6. PROTECTION OF PROPERTY 6.1 Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor. 6.2 The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To insure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work. 6.3 The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion. 6.4 Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels. 7. SECURITY REQUIREMENTS In accordance with Handbook 6500.6 Contract Security (March 12, 2010) include this contract security language into the Statement of Work (SOW) immediately following the security clause section: "A&A requirements do not apply--Security Accreditation Package is not required". 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. a. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response. b. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. 8. WARRANTY 8.1 The contractor shall provide a Five year manufacturer s warranty on all parts and labor. 8.2 The warranty shall include all travel and shipping costs associated with any warranty repair. B.3 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT Price Total Price 0001 Anesthesia 4 Channel Monitoring 2.00 EA ________ ________ 0002 Bilateral Sensors 1.00 EA ________ ________ 0003 Installation and Training 1.00 JB ________ ________ 0004 Five years manufacturer s warranty 5.00 EA _______ _________ B.4 DELIVERY SCHEDULE ITEM NUMBER DELIVERY DATE June 2, 2017 0001-0004 SHIP TO: Department of Veterans Affairs Medical Center Southeast Louisiana Veterans HCS POC: Antonio J. Yarbro Central Energy Plant 2400 Canal St. New Orleans, La via 2401 Tulane Ave whse, New Orleans, Louisiana 70119 MARK FOR: Antonio J. Yarbro +1 (555) 000-0000, x66065 contact@example.gov SECTION C - CONTRACT CLAUSES ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract: C.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of Clause) C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) (End of Clause) C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) All invoices from the contractor shall be submitted electronically in accordance with VAAR 852.232-72. http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Clause) FAR Number Title Date 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 C.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) FAR Number Title Date 852.246-71 INSPECTION JAN 2008 (End of Addendum to 52.212-4) C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 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: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business 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. [] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (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)). [X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (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). [] (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.) [] (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. [] (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. [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American Supplies (MAY 2014) (41 U.S.C. chapter 83). [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. [X] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (50) 52.225 5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [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. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (56) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (58) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights...