Animal Feed and Bedding

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) 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. It is the Government's intent to issue a Firm Fixed Priced Purchase Order in accordance with FAR Part 13. The solicitation number is FDA- 1198638. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses in effect through the Federal Acquisition Circular 2005-97 dated January 24, 2018. The appropriate NAICS code for the acquisition is 311119 -- Other Animal Food Manufacturing; Small Business Size standards - 500 employees. This requirement is being competed total small business set-aside. Schedule of Supplies or Services and Prices/Costs 0001 Prolab RMH 3000 - 25 lb. bag, LabDiet, Part #5P76 or equal in accordance with the below requirements. Quantity: 2550 Each Unit Price: ____________________________ Extended Price: ____________________________ GSA Contract Number (if applicable): ____________________________ 0002 Laboratory Guinea Pig Diet 50 lb. bag, LabDiet, Part #5025 or equal in accordance with the below requirements. Quantity: 200 Each Unit Price: ____________________________ Extended Price: ____________________________ GSA Contract Number (if applicable): ____________________________ 0003 Laboratory Rabbit Diet, LabDiet - 50 lb. bag, Part #5321 or equal in accordance with the below requirements. Quantity: 200 Each Unit Price: ____________________________ Extended Price: ____________________________ GSA Contract Number (if applicable): ____________________________ 0004 Ferret Diet - 33 lb., LabDiet, Part #5L14 or equal in accordance with the below requirements. Quantity: 30 Each Unit Price: ____________________________ Extended Price: ____________________________ GSA Contract Number (if applicable): ____________________________ 0005 Soft bedding - 35 lb. bag, PaperChip, Part # Papsoft or equal in accordance with the below requirements. Quantity: 3960 Each Unit Price: ____________________________ Extended Price: ____________________________ GSA Contract Number (if applicable): ____________________________ Background: The U.S. Food and Drug Administration (FDA), Center for Biologics Evaluation and Research (CBER) Division of Veterinary Services is responsible for support of all aspects of FDA's White Oak Consolidated Animal Program (WOC AP) located in Silver Spring, Maryland. CBER/DVS administers a comprehensive set of animal-related services and provides humane care and health of multiple species of animals that are being utilized for research, which are critical to FDA's overall mission. Currently, WOC AP facilities are using the following animal feed and bedding for the research animals. FDA/CBER requires continued use of the controlled feed and bedding listed below as to prevent any introduction of variables on on-going research. Minimum Technical Specification: ITEM #1: Prolab RMH 3000 5P76 1. The diet shall be irradiated to reduce the microbial content and eliminate the need for autoclaving. It shall support ideal development and effective generation execution of rats, hamsters and mice. 2. Shall have high quality of animal protein added to make a prevalent parity of amino acids for ideal execution. 3. Shall be formulated to feed rats, hamsters and various mice strains. 4. Shall feature Constant nutrition where ingredients are assayed to help minimize nutritional variables. 5. The shape shall be an oval pellet that measures 3/8"x5/8"x1" 6. The guaranteed Analysis shall be as follow: a. Crude Protein not less than 22% b. Crude fat not less than 5% c. Crude fiber not more than 5% d. Ash not more than 9% e. Moisture not more than 12% 7. Shall contain the following ingredients: a. Whole wheat, dehulled soybean meal, wheat middlings, ground corn, fish meal, porcine animal fat preserved with BHA and citric acid, dehydrated alfalfa meal, calcium carbonate, soybean oil, brewers dried yeast, dicalcium phosphate, salt, DL-methionine, L-lysine, choline chloride, menadionedimethylpyrimidinol bisulfite (source of Vitamin K), magnesium oxide, ferrous sulfate, pyridoxine hydrochloride, cholecalciferol, vitamin A acetate, biotin, dl-alpha tocopheryl acetate (form of Vitamin E), vitamin B12 supplement, riboflavin supplement, thiamine mononitrate, zinc oxide, calcium pantothenate, folic acid, nicotinic acid, manganous oxide, ferrous carbonate, copper sulfate, zinc sulfate, calcium iodate, cobalt carbonate, sodium selenite. ITEM #2: 5025 Laboratory Guinea Pig Diet 1. The diet shall be formulated using managed formulation delivered from Constant Nutrition. 2. Shall contain the proper amount of stabilized vitamin C as determined by PMI Nutrition International research. 3. Shall eliminate the need for supplements; minimize stillbirths, tissue calcification, and pregnancy toxemia. 4. The shape shall be a pellet that measures 4mm diameter x 10mm length 5. The guaranteed Analysis shall be as follow: a. Crude Protein not less than 18% b. Crude fat not less than 4% c. Crude fiber not more than 16% d. Ash not more than 9% e. Moisture not more than 12% 6. Shall contain the following ingredients: a. Dehydrated alfalfa meal, dehulled soybean meal, ground soybean hulls, ground corn, ground oats, wheat middlings, porcine animal fat preserved with BHA and citric acid, cane molasses, dicalcium phosphate, whole wheat, whey, calcium carbonate, salt, magnesium oxide, l-ascorbyl-2-polyphosphate (stabilized vitamin C), DL-methionine, menadione dimethylpyrimidinol bisulfite (source of vitamin K), choline chloride, vitamin A acetate, cholecalciferol, folic acid, pyridoxine hydrochloride, dl-alpha tocopheryl acetate (form of vitamin E), calcium pantothenate, thiamine mononitrate, nicotinic acid, vitamin B12 supplement, riboflavin supplement, cobalt carbonate, manganous oxide, zinc oxide, ferrous carbonate, copper sulfate, zinc sulfate, calcium iodate, sodium selenite. ITEM #3: 5321 Laboratory Rabbit Diet 1. The diet shall be formulated using managed formulation delivered from Constant Nutrition. 2. Shall be drug-free and synthetic estrogen-free diet to help minimize research variables. 3. The shape shall be a pellet that measures 5/32"diameter x 3/8" length 4. The guaranteed Analysis shall be as follow: a. Crude Protein not less than 16% b. Crude fat not less than 2.5% c. Crude fiber not more than 14% d. Ash not more than 8% e. Crude fiber not more than 18% f. Moisture not more than 12% g. Calcium not less than 0.70% h. Calcium not more than 1.20% i. Phosphorus not less than 0.50% j. Salt not less than 0.25% k. Vitamin A not less than 9000 IU/lb l. Vitamin E not less than 10 IU/lb 5. Shall contain the following ingredients: a. Dehydrated alfalfa meal, ground corn, wheat middlings, dehulled soybean meal, ground oats, ground soybean hulls, cane molasses, calcium carbonate, salt, dicalcium phosphate, soybean oil, DL-methionine, choline chloride, folic acid, vitamin A acetate, cholecalciferol, pyridoxine hydrochloride, calcium pantothenate, dl-alpha tocopheryl acetate (form of vitamin E), nicotinic acid, vitamin B12 supplement, magnesium oxide, riboflavin supplement, manganous oxide, zinc oxide, ferrous carbonate, copper sulfate, zinc sulfate, calcium iodate, cobalt carbonate, sodium selenite ITEM #4: 5L14- Ferret Lab Diet 1. The diet shall be formulated using managed formulation delivered from Constant Nutrition. 2. Shall contain urine acidifiers and high nutrient content. 3. The guaranteed Analysis shall be as follow: a. Crude Protein not less than 38% b. Crude fat not less than 20.5% c. Crude fiber not more than 4% d. Moisture not more than 12% 4. Shall contain the following ingredients: a. Poultry by-product meal, porcine animal fat preserved with BHA, ground corn, dehulled soybean meal, corn gluten meal, poultry digest, poultry fat perserved with ethoxyquin, dried beet pulp, soy-bean oil, phosphoric acid, salt, brewers dried yeast, fish oil, fish meal, taurine, choline chloride, calcium propionate (a preservative), pyridoxine hydrochloride, DL-methionine, menadione dimethylpyrimidinol bisulfite, thiamine mononitrate, vitamin A acetate, dl-alpha tocopheryl acetate, cholecalciferol, biotin, folic acid, ethoxyquin (a preservative), zinc oxide, vitamin B12 supplement, calcium pantothenate, riboflavin, nicotinic acid, ferrous sulfate, copper sulfate, manganous oxide, ferrous carbonate, zinc sulfate, calcium iodate, calcium carbonate, cobalt carbonate, sodium selenite. ITEM #5: PAPERCHIP soft bedding 1. The bedding shall absorb ammonia odors, be dust-free, absorb moisture to keep animals dry, must be autoclavable, and made from recycled newspaper. 2. The texture shall be soft and is a crumbled pellet for use as contact bedding for small rodents. 3. Shall be lab tested and controlled and proves to be longer lasting. 4. Paper comprises shall be approximately 75% of the product. Oak sawdust comprises approximately 25% of the product. 5. Moisture content shall be 9 - 13%. Pelleted paperchip shall have a diameter of approximately 0.20" (5mm) and the length shall vary from approximately 0.25" (7mm) to approximately 0.75" (20mm). 6. Shall contain no clay or diatomaceous earth absorbents of crystalline silica. 7. Shall contain no sodium aluminosilicate or Propionic Acid for odor or mold control. 8. Product shall be sanitized by heating above 180 Degrees F for at least three minutes. 9. Product shall absorb at between three to four times its weight in moisture. 10. Product shall be packaged in autoclavable 35 pound paper bags. 11. The guaranteed Analysis shall be as follow: BI Bismuth <2.50ppm MGF Magnesium 313.9ppm HG Mercury by Thermal Decomposition <0.025ppm ICPHM Heavy Metals via ICP-MS: Arsenic 0.106ppm Selenium 0.0504ppm Cadmium <0.0500ppm Lead 0.843ppm ZNF Zinc 15.8ppm Pest Organiphosphates and Chlorinated Pest ic.: Diazinon <0.0200ppm Disulfoton <0.0200ppm Ethion <0.0200ppm Lalathion <0.0200ppm Methyl Parathion <0.0200ppm Thimet <0.0200ppm Thiodan <0.0200ppm Trithion <0.0200ppm 1-leptach lor epoxide <0.0200ppm Heptach lor <0.0200ppm DDE <0.0200ppm Lindane <0.0200ppm Endrin <0.0200ppm Mirex <0.0200ppm Alpha-BHC <0.0200ppm Delta BHC <0.0200ppm Aldrin <0.0200ppm Dieldrin <0.0200ppm DDT <0.0200ppm Chlordane <0.0200ppm Methoxych lor <0.0200ppm Beta-BHC <0.0200ppm HCB <0.0200ppm PCB <0.0200ppm Contract Type: Commercial: Firm Fixed Priced Place of Performance/Ship to Address (FOB Destination): US Food and Drug Administration - CBER ATTN: To be provided upon contract award 10903 New Hampshire Ave. Silver Spring, MD 20993 Delivery/Period of Performance: The first delivery 30 days ARO and must be coordinated in advance with the Technical Point of Contact (TPOC); after which, the remaining deliveries will be monthly (12 month period) as need. Deliveries shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or WWW.OPM.GOV. Federal holidays are as follows: New Year's Day Martin Luther King, Jr. Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Contract Clauses: The clause at 52.212-4, Contract Terms and Conditions-Commercial Items Jan 2017), applies to this acquisition. The following addenda apply: The following FAR and HHSAR provisions and clauses, incorporated by reference, apply to this acquisition and can be obtained at https://www.acquisition.gov/far/ and http://farsite.hill.af.mil/VFHHSAR1.htm. FAR Clause: 52.211-6 Brand Name or Equal (AUG 1999) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) HHSAR Clause: 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (JAN 2010) Inspection/Acceptance: The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the Governments Technical Point of Contact (TPOC) specified at award. If the supplies or services are acceptable, the TPOC shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the TPOC shall document the nonconforming items/services and immediately notify the Contracting Officer. The TPOC is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. The following Technical Point of Contact (TPOC) will represent the Government for the purpose of this contract (To be provided upon contract award): Name: Email address: Phone: The contact information for the Contract Specialist: Name: Jennifer L. Johnson Email Address: contact@example.gov Phone: +1 (555) 000-0000 Payments: Payment Schedule: Payment terms net 30 days after government acceptance of the supplies/service. Payment will be made by: Office of Financial Services Food and Drug Administration 10903 New Hampshire Ave WO32 - Second Floor MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments +1 (555) 000-0000 or +1 (555) 000-0000 contact@example.gov Invoice Submission: A. The contractor shall submit all invoices to: Office of Financial Services Food and Drug Administration 10903 New Hampshire Ave WO32 - Second Floor MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments +1 (555) 000-0000 or +1 (555) 000-0000 contact@example.gov *** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail. B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (i) Name and address of the contractor; (ii) Invoice date and invoice number; (iii) Contract/Order number (including a reference to any base award for Indefinite-Delivery/Indefinite-Quantity Contracts or Blanket Purchase Agreements); (iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination; (c) any other supporting information necessary to clarify questionable expenditures; (d) the contractor shall include the Contract Line Item/Funding line item for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; (vi) Terms of any discount for prompt payment offered (Prompt Payment terms other than NET 30); (vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment) (viii) Name, title, and phone number of person to notify in event of defective invoice; (ix) Taxpayer Identification Number (TIN); (x) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment; (xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award; (xii) For all Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: (a) list of all invoices submitted to date under the subject award, including the following: (1) invoice number, amount, & date submitted (2) corresponding payment amount & date received (b) total amount of all payments received to date under the subject contract or order (c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance; (xiii) Any other information or documentation required by the award. C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. D. Questions regarding invoice payments should be directed to the FDA Payment Office at the e-mail address provided above in Section A. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (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). __X_ (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). _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). ___ (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] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _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 2018) (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). _X__ (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). _X__ (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) (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 Television (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. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (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. ___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (49) 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). ___ (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 (Jul 2013) (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)(12)). ___ (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. (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) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (...