Q--Neurohistology of Mouse Brains

Combined Synopsis/Solicitation VA248-16-Q-0348 General Information Document Type: RFQ RFQ Number: VA248-16-Q-0348 Posted Date: 12/22/2015 Response Date: 12/28/2015 Classification Code: Q301 Set Aside: Set-Aside for Small Business (SB) NAICS Code: 541711 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: quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ). Submit written quotes on RFQ VA248-16-Q-0348. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-85 effective December 4, 2015. This solicitation starts 12/22/2015 and will end 12/28/2015 at 2:00 pm EST and is a Set-Aside for Small Business (SB). Network Contracting Activity 8 - Service Area Office -East intends a single award, Firm Fixed Price contract line items (CLIN(s)) for the purchase of Neurohistology MultiBrain Technology services from Neuroscience Associates. This procurement is being conducted under Subpart 13.5 test program and simplified acquisition procedures apply and will be processed under Simplified Acquisition Procedures (SAP) and is a small business set-aside. The MultiBrain Technology was invented by Neuroscience Associates and is the only known source of this process. The use of any other contractor than Neuroscience Associates would result in significant time delays, loss of research and additional costs to the Government. The North American Industry Classification System (NAICS) Code for this acquisition is 541711-Research and Development in Biotechnology with a small business size standard of 500. This procurement is a Set-Aside for Small Businesses (SB) and all eligible offerors are encouraged to submit quotes. All offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications. Also please be sure to be registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.gov/. Contractors interested in providing these services should submit their quotes via email to contact@example.gov . Questions concerning this solicitation shall be addressed to Lisa P. Nooner, Contract Specialist, and emailed to contact@example.gov. No phone calls will be accepted. Email all questions to the above email address. The following Contract Line Items (CLINS) identified for this requirement. For detailed service description please review the Statement of Work (SOW) attached. SCHEDULE OF SERVICES The service of Neurohistology of Mouse Brains in accordance with the SOW Contractors shall quote prices for all of the following Contract line Item Number: PRICING SCHEDULE CLIN DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 00001 Embedding and Sectioning 1 00002 GF AP (fluoro) IHC Stain 1 00003 Amino CuAg Stain 1 00004 Neutral Red Counterstain-Amino CuAg 1 00005 Shipping of Floating Sections 1 00006 Shipping of Finished Slides 1 Grand Total PERIOD OF PERFORMANCE The vendor shall begin to provide the services requested under this sow immediately following the award of the contract, unless otherwise directed by the Contracting Officer (CO). The contract will extend for up to six months from the date of award. NOTE: This is a specific delivery and quantity contract that will involve flexibility within the time period to accommodate any processing needs but will typically be completed within a month. CONTRACT ADMINISTRATION The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof. 1. All contract administration matters will be handled by the following individuals: a. CONTRACTOR ________________________________________ (Contractor's Name) ADDRESS ________________________________________ (Street) ________________________________________ (City-State-Zip) POINT OF CONTACT ________________________________________ (Name/Title) PHONE NO. ________________________________________ FAX NUMBER ________________________________________ E-MAIL ________________________________________ DUNS NUMBER ________________________________________ b. GOVERNMENT: Lisa P. Nooner, Bay Pines VA, contact@example.gov 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: a. 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul. 2013) 3. INVOICES: Invoices shall be submitted in arrears in accordance with: a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) b. Upon Acceptance of Items 4. GOVERNMENT INVOICE ADDRESS: the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing Network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network contact@example.gov or calling +1 (555) 000-0000, option 2 for Enrollment. Contractor shall submit an electronic invoice to VAFSC e-Invoice by the tenth (10th) of the following month services were performed through the website https://portal.ob10.com/Login.aspx For questions regarding the submission of VA electronic invoices, call Tungsten Network customer service at +1 (555) 000-0000. Invoices sent to Tungsten shall reference the vendor name and address, customer name, contract number, ap-propriate obligation/funding order number, description of services provided, the extended price, and the total invoice cost. Invoices shall include any payment discount terms. A sepa-rate invoice shall be sent to the COR to validate/certify invoices. For questions regarding invoice receipt/payment, call VAFSC at +1 (555) 000-0000 or email contact@example.gov. Payments shall be made monthly in arrears upon receipt of a proper invoice. FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS For assistance setting up e-Invoice, the below information is provided: Tungsten Network e-Invoice Registration: contact@example.gov Tungsten Network e-Invoice Setup Information: +1 (555) 000-0000 (Option 2 - Enrollment) OB10 Portal to submit electronic invoices: https://portal.ob10.com/Login.aspx Tungsten Network Customer Service: +1 (555) 000-0000 VAFSC - for Invoice receipt or payment questions, call: +1 (555) 000-0000 or VAFSC Email: contact@example.gov OFFERORS MUST COMPLETE & RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ___________________________ ______________________ ___________________________ ______________________ Quotes may be submitted by EMAIL to Lisa P. Nooner, Contract Specialist at contact@example.gov. All information requested herein must be received by Quotes are due by 14:00 P.M. Eastern Standard time on 28 December 2015. Offers are subject to all terms & conditions herein. REQUIRED DOCUMENTATION: Contractor shall email a complete quote package with pricing info. 1. Administration document: a. Contractor shall fill in Contractor information, Pg. 5 1(a). b. Contractor shall fill in all unit and total costs under the PRICE/COST SCHEDULE on Pg. 2, and may submit separately a document/spreadsheet with line item costs filled in. 2. Quote documentation in accordance with format as outlined below. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments. (End of Clause) The following RFQ provisions apply to this acquisition: 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/ FAR Clauses Incorporated By Reference: 52.203-3 Gratuities 52.203-16 Preventing Personal conflicts of Interest for Contractor Employees Performing Acquisition Functions (Dec. 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (SEP 2013) 52.203-99 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)(FEB 2015) 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.212-4 Contract Terms and Conditions- Commercial Items (MAY 2014) 52.222-55 Minimum Wages Under Executive Order 135658 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications 52.232-39 Unenforceability of Unauthorized obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim 52.247-34 F.O.B Destination Clauses Incorporated By Full Text 52.212-1 -- Instructions to Offerors -- Commercial Items (October 2015): Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, (h) multiple awards, and (i) availability of requirements documents cited in the RFQ, Addenda to 52.212-1: paragraph (c) period for acceptance of offers, delete "30 calendar days" and insert "90 calendar days" in its place. Per FAR 13.106-2 -- Evaluation of Quotations or Offers: The Government intends to award a contract as a result of this Request for Quote to the responsible offeror whose offer conforms to the solicitation requirements using the Lowest Price Technically acceptable (LPTA) evaluation procedure. Quotes shall be evaluated for acceptability only and shall not be rated. Offerors must be determined responsible according to the standards of FAR Part 9 to be eligible for award. QUOTE FORMAT AND EVALUATION CRITERIA OFFER SUBMISSION INSTRUCTIONS- Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. 1. Offerors shall complete the Pricing Schedule. Not completing the pricing will result in disqualification. Price will be ranked based on the lowest summary price. 2. Offerors shall provide only one quote. Non-compliance with this requirement will result in disqualification of all quotes. The following requirements are GO/NO GO 3. Technical Requirements that the Contractor Shall Provide: The Government intends to award a contract resulting from this RFQ to the lowest priced, technically acceptable offor that is deemed responsible. Quotes shall be evaluated for acceptability or unacceptability. Award will be made to the lowest priced quote meeting the acceptability standards for the non-cost factors. Proposals shall be initially screened for the content listed below. Quotes shall be initially evaluated on either a GO/NO GO based on whether the specified sections are actually included in the Quotes. Quotes must have the following items; those that do not shall receive a NO GO and will be considered non-responsive. To be considered for this award the please provide the following as a minimum: 1. Quotes shall include a completed Price Schedule. 2. The Contractor shall submit a management plan that covers the topics outlined in the SOW; A management plan that is submitted which merely restates the requirement or states that the requirement will be met, without providing supporting rationale will be determined unacceptable. 3. Offeror shall provide Multiblock 25 brain samples in matrix compatible with immunological, fluorescent, and chemical staining. a. Can perform cupric silver disintegrative degeneration staining on 35 um sections from a 25 brain multiblock. Past Performance (Past Performance is Part of Technical) 1. Contractors shall be regularly established in the business of providing the services in identified in the Statement of Work; who have experience with commercial contracts of similar size or larger; with conditions and scope as required for this contract. 2. The Offeror's present and past work record will be used to assess the Government's confidence in the Offeror's probability of successful performance. The Government will evaluate the Offeror's reputation for a record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally the Offeror's business-like concern for the interest of the customer. 3. In investigating relevant past performance, the Government considers information in the offeror's proposal and information obtained from other sources. Other sources may include past & present customers & their employees, other Government agencies including state and local, consumer protection agencies pre-award surveys, and better business bureaus & others who may have useful information, including the Government's Contractor Performance Assessment Reporting System (CPARS) & Past Performance Information Retrieval System (PPIRS). 4. Offerors must provide the Past Performance Questionnaire (Attachment B), for up to five (5) or more Past Performance References of the same size and scope, instructing them to complete the form and Email the completed form per the instructions on the Questionnaire, by December 28, 2015 2:00 PM EST. Offeror needs to complete section 1 (Contractor/Offeror Information). 5. Past performance will be evaluated on an acceptable or unacceptable basis. If two or more questions on the questionnaire are found to be unacceptable this will lead to an overall questionnaire rating of unacceptable. Offerors without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated as neither favorable nor unfavorable, and, as a result, will receive a "Neutral/Unknown Confidence" rating for past performance. Price The Government will utilize a comparison of quoted prices amongst the technically qualified sources. Basis for Award Proposals will be evaluated based on Lowest Price Technically Acceptable evaluation criteria. The objective of source selection is to select the proposal meeting all requirements established above. Because all offers in the competitive range will have been determined to be technically acceptable, price will be the determining factor in establishing best value. Award will be made on the basis of the lowest evaluated price of a proposal meeting the acceptability standards for non-cost factors. Vendors shall provide a minimum quote acceptance period of 90 days after RFQ closing for offers 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2015) (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, 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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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. _x__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _x__ (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)). ___ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 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_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __x_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). __x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __x_ (28) 52.222-26, Equal Opportunity (Apr 2015) (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 (Oct 2015) (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). __x_ (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) (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. ___ (37) (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. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (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_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __x_ (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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: [Contracting Officer check as appropriate.] __x_ (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). __x_ (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 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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 (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 $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. (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 (Apr 2015) (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 (Oct 2015) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (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). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, ...