JOEL JBX 6300FS Electron Beam Lithography System Service

SYNOPSIS/SOLICITATION FA8601-17-R-0013 The combined synopsis/solicitation number FA8601-17-R-0013 is for the service, repair, and maintenance of the JEOL EBL System as described in the Performance Work Statement (PWS) dated 05 June 2017 attached. The Government (AFLCMC/PZIOAC) intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b) and FAR 6.302-1(b)(1)(ii). The proposed source is JEOL USA, Inc. This synopsis/solicitation is prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This notice is being published for informational purposes only and is not a request for competitive quotations; however, any quotations received by the response date specified in this notice will be considered by the government. A determination by the government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether or not to conduct a competitive procurement. Quotations should be e-mailed to (Brigette Shepherd) by 10:00 P.M. Eastern on 26 June 2017. Any questions should be directed to (Brigette Shepherd) by e-mail (brigette.shepherd-colter@us.af.mil) or phone at 937-522-4597 Submittal of quotes in response to this synopsis/solicitation constitutes agreement by the Offeror of all terms & conditions contained herein, which will also be the terms & conditions of any resulting contract. It is the Offerors responsibility to be familiar with the applicable clauses and provisions. Clauses and provisions in full text may be accessed via the Internet at website http://farsite.hill.af.mil. The Government reserves the right to award without discussions or make no award at all depending upon the quality of proposals received and the price fair and reasonableness of proposals received. The synopsis/solicitation number for this requirement is FA8601-17-R-0013 and is hereby issued as a Request for Quotes (RFQ) using FAR Subpart 13, Simplified Acquisition Procedures. NAICS Code: 811219, Other Electronic and Precision Equipment Repair and Maintenance Business Size Standard: $20.5M Acceptable means of Submission: All submissions must be submitted electronically to the following email address-brigette.shepherd-colter@us.af.mil by 26 June 2017 at 10:00 A.M. EST. Any correspondence sent via e-mail must contain the subject line "JEOL EBL System Maintenance or FA8601-17-R-0013" The entire proposal must be contained in a single e-mail, unless otherwise approved and that does not exceed 5 megabytes including attachments. E-mails with compressed files will not be accepted. Note that e-mail filters at Wright-Patterson Air Force Base are designed to filter e-mails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the specified subject line is not included, the e-mail may not get through the e-mail filters. Also be advised that .zip or .exe files are not allowable attachments and may be deleted by the email filters at Wright-Patterson. If sending attachments with email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent. The email filter may delete any other form of attachments. This synopsis incorporates FAR provisions and clauses in effect through Federal Acquisition Circular (FAC) Fac 2005-94, and 2005-95 effective 19 Jan 2017; Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20161222, effective 22 Dec 2016; and Air Force Federal Acquisition Regulation Supplement (AFFARS) Air Force Acquisition Circular (AFAC) 2017-0127, effective 27 Jan 2017. Performance Schedule: Agreement Award POP is four (4) years. Base Year: 01 July 17 - 30 June 18 Option Yr1: 01 July 18 - 30 June 19 Option Yr2: 01 July 19 - 30 June 20 Option Yr3: 01 July 20 - 30 June 21 Performance Destination: Wright Patterson Air Force Base AFRL RYDD 2241 Avionics Circle Bldg 620, Area B WPAFB OH 45433-7320 Delivery Type: FOB Destination (As defined in FAR 2.101-Definitions, the seller or consignor is responsible for the cost of shipping and risk of loss.) Inspection and Acceptance: Both inspection and acceptance will be by the Government at Destination. Requirements: The The Air Force Research Laboratory Sensors Directorate at Wright Patterson Air Force Base, Ohio requires a maintenance and service agreement for the JEOL JBX 6300FS Electron Beam Lithography (EBL) System utilizing OEM trained Service Engineers/Technicians in accordance with the Performance Work Statement dated 05 June 2017, which is attachment 1 with this solicitation FA8601-17-R-0013. Evaluation Factors: The Government will award a Service Agreement resulting from this combined synopsis/solicitation to the responsible offeror whose offer conforms to the combined synopsis/solicitation that will be most advantageous to the Government, price and other factors considered. The factors that shall be used to evaluate proposals are Technical, Price, and Past Performance. Technical is more important than price in so far as a proposal is unawardable at any price if the Technical factor is ultimately determined to be unacceptable. The Technical factor will be rated on an "acceptable" or "unacceptable" basisd usning the rating and desriptions below: Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meets the minimum requirments of the solicitation Factor 1 - Technical: The proposal must clearly demonstrate that the offeror is capable of meeting all the performance standards specified in the Performance Work Statement (PWS). Factor 2 - Price: The Government will evaluate offers for award pruposes by adding the total price for all options to the total price for the basic requirement to arrive at a total evaluated price (TEP). Factor 3 - Past Performance The quotations may be in any format but MUST include: 1. Proposing company's name, address, DUNS number and Cage Code 2. Point of contact's name, phone, and email 3. Quotation number & date 4. Timeframe that the quote is valid 5. 12 Month Service Price 6. Total price including shipping (Net 30), No Progress Payments 7. Shipping (FOB Destination), if applicable 8. Delivery Schedule 9. Completed copy of FAR 52.212-3 Alternate I (attached) Important Notice to Contractors: Quotations MUST also contain a complete description of items offered and any technical manuals or literature to clearly show that the items meet or exceed the requirements listed above. The Contracting Officer will review quotations based on the factors listed in this synopsis/solicitation and the information furnished by the Offeror. Before price is considered, the proposal must meet the technical specifications of this synopsis/solicitation. Important Notice to Contractors: All prospective awardees are required to register at the System for Award Management (SAM) and to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov. Any award resulting from this synopsis/solicitation will include DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. Section 1008 of the National Defense Authorization Act of Fiscal Year 2001 requires any claims for payment (invoices) under DoD contract to be submitted in electronic form. Wide area Workflow- Receipt and Acceptance (WAWF-RA) is the DoD system of choice for implementing this statutory requirement. Use of the basic system is at no cost to the contractor. Contractors must complete vendor training, which is also available at no cost at http://www.wawftraining.com. Prior to submitting invoices in the production system, contractors must register for an account at http://wawf.eb.mil/. Important Notice To: ALL CONTRACTORS WORKING ON WRIGHT-PATTERSON AFB, OHIO LEVEL 1 ANTITERRORISM (AT) AWARENESS TRAINING As members of "Team Wright-Patt" contractors and their employees are subject to the same or greater risk of becoming a victim in a terrorist act or inadvertently providing terrorists with a means to target Wright-Patterson Air Force Base. The Department of Defense (DoD) Standard 22 mandates that the Air Force OFFER level I AT Awareness Training to all contractors and their employees, under the terms and conditions specified in this contract. You and your employees are strongly encouraged to complete the computer based AT Awareness Tra8ining found at http://jko.jten.mil/courses/atl1/launch.html. The following provisions are incorporated into this synopsitation/solicitation: FAR 52.204-7, System for Award Management (Oct 2016) FAR 52.204.13, System for Award Management Maintenance (Oct 2016) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-17, Ownership or Control of Offeror (July 2016) FAR 52.204-18, Comercial and Government Entity Code Maintenance (Jul 2016) FAR 52.209-5, Certification Regarding Responsibility Matters (Oct 2015) FAR 52.209-7, Information Regarding Responsibility Matters (Jul 2013) FAR 52.212-1, Instructions to Offerors- Commercial (Jan 2017) FAR 52.242-13, Bankruptcy (Jul 1995) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Oct 2016) DFARS 252.203-7994, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Nov 2016) DFARS 252.215-7007, Notice of Intent to Resolicit (Jun 2012) DFARS 252.215-7008, Only One Offer (Oct 2013) DFARS 252.222-7007, Representation Regarding Conbating Trafficing in Person (Jan 2015) DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015) DFARS 252.243-7002, Request for Equitable Adjustment (Dec 2012) The following provisions are incorporated into this synopsitation/solicitation by full text: FAR 52.233-2 (Sep 2006), As prescribed in 33.106, insert the following provision: a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from MSgt Nicholas Northam, email: (Nicholas.northam@us.af.mil). (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. FAR 52.252-1 (Feb 1998), Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: http://farsite.hill.af.mil/ FAR 52.252-5 (Apr 1984), Authorized Deviations in Provisions (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. The following clauses are incorporated into this synopsis/solicitation by reference: FAR 52.203-3, Gratuities (Apr 1984) FAR 52.203-6 Alt I, Restrictions on Subcontractor Sales to the Government (Sep 2006) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content (May 2011) FAR 52.212-4, Contract Terms and Conditions (Jan 2017) FAR 52.215-20, Requirement for Certified Cost or Pricing Data or Information Other Thank Certified Cost or Pricing Data (Oct 2010) FAR 52.222-51, Exemption from Application of the Service Contract Act to Contrats for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) FAR 52.228-5, Insurance - Work on A Government Installation (Jan 1997) FAR 52.229-3, Federal, State, and Local Taxes (Feb 2013) FAR 52.232-18, Availability of Funds (Apr 1984) FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) DFARS 252.201-7000, Contracting Officer's Representative (Oct 2016) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sept 2011) DFARS 252.203-7002, Requirements to Inform Employees of Whistleblower Rights (Sept 2013) DFARS 252.203-7995, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Nov 2016) DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) DFARS 252.204-7015, Notice of Authorized Disclosure of Information to Litigation Support Contractors (May 2016) DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015) DFARS 252.211-7008, Use of Government-Assigned Serial Numbers (June 2016) DFARS 252.215-7008, Only one Offer (Oct 2013) DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)(Mar 2016) DFARS 252.222-7007, Represenation Regarding Combating Trafficking In Persons (June 2016) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Dec 2016) DFARS 252.225-7001, Buy American Act and Balance of Payment Programs (Dec 2016) DFARS 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2016) DFARS 252.225-7012, Preference for Certain Domestic Commodities (Dec 2016) DFARS 252.225-7048, Export Controlled Items (Jun 2013) DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) DFARS 252.232-7009, Mandatory Payment by Government wide Commercial Purchase Card (Dec 2006) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006) DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000, Subcontracts for Commercial Items and Components (Jun 2013) DFARS 252.247-7023, Transportation of Supplies by Sea (Apr 2014) DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) The following clauses are incorporated into this solicitation by full text: FAR 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) 52.203-19, 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: [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. 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). _X__ (10) 52.209-10, Prohibition on Copntracting with Inverted Domestic Corporations (Nov 2015) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (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. _X__ (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 Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (16) 52.219-8, Utilization of Small Business Concerns (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 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). _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). _X__ (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.) ___ (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 Television (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) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (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). ___ (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). ___ (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 (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (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) (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)). (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) 52.203-19, 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (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), (41 U.S.C. chapter 67). (xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 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 (e)(1)(xvii): 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. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 20...