EACN VMware Host Tech Refresh

***************************************************************************************************************** Note: Due to Government furlough, this office will be closed until a continuing resolution or an appropriations bill has been passed. During the Government shutdown, Offerors may submit questions to the contract specialist; however, answers to these questions will be posted to Fedbizopps upon our return. ***************************************************************************************************************** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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. The AMC Specialized Contracting Branch intends to solicit and award a firm-fixed price contract, under Federal Acquisition Regulation (FAR) Part 12 and 13. This solicitation is full and open competitive. The North American Industry Classification System (NAICS) for this acquisition is 334111 with a Small Business Size Standard of 1,000 employees. Please identify your business size in your response based upon this standard. The solicitation number for this announcement is Request for Quote (RFQ) FA4452-14-Q-0002. This is a brand name or equal requirement. The requirement is for the following: CLIN 0001: Quantity of 16 each (Brand Name or Equal) 2U Rack mountable server with the following specifications: 1 - Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 4 Year Extended, 2 - Support: 7x24 HW / SW Tech Support and Assistance, 5 Year 3 - Hardware Limited Warranty Plus On Site Service Extended Year 4 - Hardware Limited Warranty Plus On Site Service Initial Year 5- Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Initial Year 6 - Dell ProSupport 7 - MISSION CRITICAL PACKAGE: Enhanced Services, 5 Year 8 - On-Site Installation Declined 9 - Keep Your Hard Drive, 5 Year 10 - Server Shipping 11 - Risers with up to 4, x8 PCIe Slots + 2, x16 PCIe Slot 12 - Broadcom 5720 DP 1Gb Network Interface Card, Low Profile 13 - Broadcom 5720 DP 1Gb Network Interface Card 14 - VFlash, 8GB SD Card for iDRAC Enterprise 15 - iDRAC7 Enterprise 16 - Broadcom 5720 QP 1Gb Network Daughter Card 17 - 2.5" Chassis with up to 16 Hard Drives 18 - Bezel 19 - Power Saving Active Power Controller 20 - RAID 0 for H710P/H710/H310 (1-16 HDDs) 21 - PERC H710P Integrated RAID Controller, 1GB NV Cache 22 - Intel Xeon E5-2643 3.30GHz, 10M Cache, 8.0GT/s QPI, Turbo, 4C, 130W, Max Mem 1600MHz 23 - Heat Sink 24 - DIMM Blanks for Systems with 2 Processors 25 - Intel Xeon E5-2643 3.30GHz, 10M Cache, 8.0GT/s QPI, Turbo, 4C, 130W 26 - Heat Sink 27 - 32GB RDIMM, 1333 MT/s, Low Volt, Quad Rank, x4 Data Width 28 - 1333 MHz RDIMMs 29 - Performance Optimized 30 - 600GB 10K RPM SAS 6Gbps 2.5in Hot-plug Hard Drive 31 - No System Documentation, No DVD Kit 32 - DVD+/-RW, SATA, INTERNAL 33 - ReadyRails Sliding Rails With Cable Management Arm 34 - Dual, Hot-plug, Redundant Power Supply (1+1), 750W 35 - Power Cord, NEMA 5-15P to C13, 15 amp, wall plug, 10 feet / 3 meter 36 - No Operating System 37 - No Media Required The NICs must be compatible with VMware 5.0. New Equipment ONLY; NO remanufactured or - gray market items. All items must be covered by the manufacturer's warranty. To be considered for award, all offerors must be manufacturer authorized distributors of the equipment/services they are offering. Offerors may be required to provide documentation as proof of authorization to be considered for award. Delivery: Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. Delivery locations are the following Government installations: Joint Base Lewis-McChord (JBLM), McChord AFB, WA; Joint Base Andrews (JBA), Andrews AFB, MD; and Scott AFB, IL. Delivery shall be no later than 29 May 2014. See Attachment 1 - Delivery Information for specific quantities and ship to addresses. Total cost shall include all shipping and handling. Wide Area Workflow procedures shall be used for invoicing and acceptance on this requirement. All offers are due to this agency no later than 1:00 p.m., Central Daylight Time (CDT), 30 Oct 2013. IAW FAR 52.211-6, please provide the following if bidding an - or equal product: A) Manufacturer's name B) Manufacturer's part number C) Description to include salient physical, functional, and or performance characteristics. A complete offer consists of item pricing, total price, descriptive information (for - or equal items), manufacturer name and manufacturer part number (for - or equal items). Complete Attachment 2 - Equipment List. Send all offers via e-mail to deane.turner@us.af.mil, attention Deane Turner, HQ AMC/A7KQC, phone 618-256-9948. To view the clauses in full text, visit http://farsite.hill.af.mil. 52.212-2 -- Evaluation -- Commercial Items The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award shall be based on all or none and best value to the government. Best value is lowest price technically acceptable. Technically acceptable meaning quotes that met ALL requirements set forth in the specifications The Government reserves the right to cancel this solicitation, with no obligation to the offeror by the Government. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69. Offerors are required to submit with their offer a completed copy of FAR 52.212-3, Offeror Representations and Certification--Commercial Items. The following clauses and provisions apply to this acquisition: FAR 52.203-3, Gratuities (Apr 1984) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate (Sep 2006) FAR 52.202-1, Definitions (Jan 2012) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7, System for Award Management (Jul 2013) FAR 52.209-5, Certification Regarding Responsibility Matters (Apr 2010) FAR 52.211-6, Brand Name or Equal (Aug 1999) FAR 52.212-1, Instructions to Offerors-Commercial Items (Jul 2013) FAR 52.212-3 Alt I, Offeror Representations and Certifications-Commercial Items (Aug 2013) FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jul 2013) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Sep 2013) FAR 52.219-1, Small Business Program Representations (Apr 2012) FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-22, Previous Contracts and Compliance Reports (Feb 1999) FAR 52.222-25, Affirmative Action Compliance (Apr 1984) FAR 52.222-50, Combating Trafficking in Persons (Feb 2009) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Dec 2012) FAR 52.232-18, Availability of Funds (Apr 1984) FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-2, Service of Protest (Sep 2006) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52,242-13, Bankruptcy (Jul 1995) FAR 52.243-1, Changes -- Fixed-Price (Aug 1987) FAR 52.246-2, Inspection of Supplies -- Fixed-Price (Aug 1996) FAR 52.246-16, Responsibility for Supplies (Apr 1984) FAR 52.247-34, F.o.b. - Destination (Nov 1991) FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Jan 1991) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Jan 2009) DFARS 252.203-7003, Agency Office of the Inspector General (Dec 2012) DFARS 252-203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7011, Alternative Line Item Structure (Sep 2011) DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009) DFARS 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (Dec 2006) DFARS 252.215-7007, Notice of Intent to Resolicit (Jun 2012) DFARS 252.215-7008, Only One Offer (Jun 2012) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7012, Preference for Certain Domestic Commodities (Feb 2013) DFARS 252.225-7021, Trade Agreements (Aug 2013) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006) DFARS 252.243-7001, Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013) DFARS 252.247-7023, Transportation of Supplies by Sea (Jun 2013) The clause at AFFARS 5352.201-9101 OMBUDSMAN (NOV 2012) applies to this acquisition as follows: (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, Mr. Greg Oneal, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, 618-229-0267, fax 618-256-6668, email: Gregory.Oneal@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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) (Pub. L. 108-77, 108-78). (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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act'Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). _X_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (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). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages'Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program'Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program'Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor'Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) _X_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). _X (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. _X_ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). ___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (48) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (49) 52.232-34, Payment by Electronic Funds Transfer'Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X_ (52) (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). _X_ (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: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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)