Rapid Biodiversity Assessment for Malagarasi Hydropower Project at Igamba Falls

This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Subpart 12.6. This announcement constitutes the only solicitation; proposals are being requested and a paper solicitation will not be issued. The solicitation number is MCC-09-0037-RFP and is issued as a request for proposals (RFP), with incorporated provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-29. A firm fixed price contract is anticipated. The period of performance is anticipated to be from February 27, 2009 through June 30, 2009. This requirement is being synopsized under the North American Industry Classification System code 813312 - Environment, Conservation and Wildlife Organizations, and the size standard is 7 million dollars. This solicitation is open to all qualified Offerors. Description: The Millennium Challenge Corporation (MCC), 875 Fifteenth Street, NW, Washington, DC, 20005 has a need for a Rapid Biodiversity Assessment Contractor. STATEMENT OF WORK Rapid Biodiversity Assessment (RBA) for Malagarasi Hydropower Project at Igamba Falls 1. INTRODUCTION The Millennium Challenge Corporation (MCC) is a Federal Corporation under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2004. The MCC has a requirement for a - Rapid Biodiversity Assessment (RBA) Contractor to conduct an assessment of the Malagarasi Hydropower Project described in Annex I of the Tanzania Compact at http://www.mcc.gov/documents/compact-tanzania.pdf. After Compact signing, the Millennium Challenge Corporation (MCC) discovered that in 2005, a group of scientists led by Dr. Ellinor Michel of the Natural History Museum, London, had conducted a biodiversity study of the Malagarasi River, including Igamba Falls. As a result of the study, several new aquatic species were discovered, some of which are believed to be endemic to the Igamba Falls area, namely two fish species (a catfish and a cichlid), and a snail. To date, key ecological and biological information on these species, (i.e. degree of endemism, genetics, lifecycle/reproduction, habitat, predator-prey relations and feeding ecology) is poorly understood. The Millennium Challenge Account-Tanzania (MCA-T), a Government of Tanzania (GoT) agency tasked to execute the Compact, has contracted with a consulting engineer for the energy sector (ESB International, or ESBI) whose contract includes conducting a baseline survey at Igamba Falls and producing a Comprehensive Environmental and Social Impact Assessment (CESIA) of the investment; however the scope and skills required to answer key biodiversity questions raised as a result of Dr. Michel's study are beyond the scope of the ESBI contract and require specialized expertise. Therefore, MCC would like to enhance and supplement ESBI's work through procurement of a RBA to collect key data in and around Igamba Falls, in order to help answer questions regarding population distribution. Fieldwork will center on identifying whether the target species exist in other areas of the Malagarasi basin and gaining an understanding of the relative importance of the Igamba population if found elsewhere. 2. BACKGROUND The United States of America, acting through MCC, and the GoT signed a Millennium Challenge Compact in February 2008, which sets forth the general terms and conditions on which MCC will provide funding of up to $698 million to the GoT. The Program, which comprises projects in the Transport, Energy and Water sectors aims to reduce poverty through economic growth by increasing productivity and raising incomes. The Energy project includes the proposed construction of a small run-of-river hydro power plant on the Malagarasi River to supply affordable and reliable electricity to Kigoma and surrounding towns of Kasulu and Uvinza. The proposed project will involve the construction of an 8MW hydropower power plant at Igamba Falls, and is part of an overall scheme known as Igamba Falls Stages I, II and III, planned to generate a total of 24 MW of electrical power. The MCC-funded portion is Stage II. (See Annex I of the Compact at http://www.mcc.gov/documents/compact-tanzania.pdf . As with all MCC Compacts, the Tanzania Compact has a five-year time constraint for completion. Thus, because all of the investments must be completed by September 2013, there is a significant time constraint in executing the Malagarasi Hydro-power investment. For this reason, MCC plans to make a go/no-go decision on whether or not to provide funding for the Malagarasi investment by July 2009 (the date by which bidding documents for construction would need to be released in order to complete the project by 2013). Consequently, the work envisaged under this SOW needs to be completed as soon as possible to provide decision makers with sufficient information for making an informed decision about the future of the investment. 3. SCOPE of WORK MCC requires an RBA assessment that is inclusive of a biological survey designed to generate scientific information in a short period of time, focusing on those species identified in Dr. Michel's report as endemic to Igamba (target species), to help MCC reach an informed decision on how to move forward with the Malagarasi Hydropower Project .. 4.0 TASKS The Contractor shall assemble a team of well-qualified scientists, recognized experts in their disciplines, to produce a rapid assessment of the distribution of the target species. This should be accomplished by conducting sampling at both Igamba Falls as well as other areas within and around the Malagarasi basin with similar micro-ecosystems where the species identified at Igamba may also be found. The combined knowledge of the experts should allow them to assess in a three- to four-week survey period the endemism of species at Igamba Falls and report to MCC on their findings. The Contractor shall perform the following tasks: 4.1 Assemble the key personnel identified in this Statement of Work, including recognized experts in the fields of ichthyology, malacology and freshwater ecosystems, to manage the literature review and consultations with scientists with experience in the Malagarasi area; 4.2 Conduct a thorough literature review and gap analysis, including consulting with Dr. Michel and her team, to further refine and focus the scope and location of field activities; 4.3 Consult with scientists in Washington, DC, Cornell University, Dar es Salaam and London, UK, as needed, to gather information, view specimens collected in 2005 and confer with original members of Dr. Michel's team; 4.4 Recruit the remainder of the field team - experts in ichthyology, malacology, and freshwater ecosystems - as needed to complete sampling while in country. 4.5 Conduct sampling at Igamba Falls, focusing on those species identified in Dr. Michel's report as possibly endemic to Igamba Falls; 4.6 Conduct field work in other areas of the Malagarasi Basin or in other areas to be identified by the team of experts as having the potential to harbor such species; 4.7 Consult, as needed, with the engineers and environmental staff of MCA-T and MCC (and their consultants) to better understand the potential changes in hydrology and hydraulic regime, water quality or other habitat changes associated with the project. 4.8 Produce a written report that includes both the findings of the fieldwork as well as provides guidance about the possible impacts of the proposed hydropower project on populations of the target species. 5.0 PROJECT PHASES 5.1 Phase 1. Literature and Secondary Data Review Conduct a thorough review of existing reports and other literature, including the appended 2005 study report, and any subsequent papers published. The purpose of this step is to identify the extent of current knowledge and gaps concerning the target species (including any available initial assessments on the impact of the project on the lifecycle of species) and aid in the planning and refining of the field mission. A written synopsis of the results and conclusions of this review shall be submitted to the MCC. 5.2 Phase 2. Expert Consultation Confer with members of Dr. Michel's team in New York, London and Tanzania to view original specimens and gain a sense of what is currently known or assumed about the target species biology. This activity shall be done concurrent with the literature review. If acceptable to the authors, the Contractor shall study any draft papers concerning the target species. The results of the literature review and expert consultations shall directly inform team selection as well as the Consultant's guidance regarding the potential impacts of the investment. In addition, the Consultant should engage in consultations with MCA-T's and MCC's Engineers and Designers in order to gauge the effect of project development on the Igamba Falls habitat and its biodiversity, including the three potentially endemic species. The Consultant should discuss with the project engineers and designers the potential changes in water quality (physical and biological characteristics), water flow volumes, peaks, lows, periodicity and seasonality, water storage/impoundment during construction and operation of the hydropower scheme to better understand how these changes could affects the Igamba ecosystem 5.3 Phase 3. Team Selection Recruit a field team of experts in ichthyology, malacology, hydrology, and other natural science/ecological fields as needed for the study subject to approval by MCC and concurrent with and relying heavily on information garnered through literature review and expert consultation. CVs of prospective team members shall be submitted to MCC for approval. 5.4 Phase 4. Field Work Conduct sampling operations at Igamba Falls and similar sites with suitable habitat based on information gathered during the previous phases. The purpose of this operation is to ascertain whether the target species exist elsewhere in the area. If found elsewhere, the team will also estimate their numbers so as to determine whether other viable populations exist and to what extent those populations are dependent on the Igamba Falls habitat. The assessment should also include observations and considered opinions and views (based on primary and secondary data analysis) on whether and how potential impacts of the proposed hydropower plant on the target species could be mitigated. 5.5 Preliminary Report Submit a preliminary report of findings to MCC, no later than 15 days after returning from Tanzania. Submission of this report shall be followed in short order by a face-to-face meeting with MCC in Washington, DC, wherein the consultant will discuss the results of their findings, respond to questions and provide input on possible impacts and recommended mitigation. 5.6 Final Report Submit a Final Report of the findings of the operation within 30 days of receipt of questions and comments from MCC's review of the Preliminary Report. The report shall include an assessment of the endemism of the species found at the Igamba Falls site, the relative importance of the Igamba Falls site to the viability of the populations of those species, potential impacts of the proposed hydropower project both during construction and operation on such parameters as minimum flow velocity, etc., as well as a preliminary discussion of possible impacts and available mitigation measures. 6.0 KEY PERSONNEL AND MINIMUM SKILL REQUIREMENTS The preparatory steps described above (literature review, etc.) are designed to inform the selection of the field team; however, the selected Contractor's team shall include at least the following key personnel, with the specializations and experience listed. The Contractor must provide and maintain all key personnel proposed. Any changes are subject to MCC approval. 6.1 RBA Director: The RBA Director shall provide general oversight to the team and help coordinate all logistics of the effort. The individual shall be intimately familiar with rapid biological assessment processes. 6.2 RBA Manager: The RBA Manager shall provide more in-depth supervision, remaining part of the team and an essential point of contact from inception to conclusion. The individual shall be intimately familiar with rapid biological assessment processes. 6.3: Ichthyologists: The team shall include one or more ichthyologists with at least a master's degree plus ten years experience. A specialty in Tanzanian species is preferred. They shall be recognized experts in their field and shall have published peer-reviewed papers. Field experience in Africa is a must, and intimate knowledge of the local area preferred. 6.4: Malacologists: The team shall include one or more malacologists, with at least a master's degree plus ten years experience. A specialty in Tanzanian species is preferred. They shall be recognized experts in their field and shall have published peer-reviewed papers. Field experience in Africa is a must, and intimate knowledge of the local area preferred. 6.5 Ecologists/GIS Specialists: The team shall include one or more Ecologist/GIS Specialists with at least a master's degree plus ten years experience. They shall be recognized experts in their field having published peer-reviewed papers. Field experience in Africa is a must, and intimate knowledge of the local area preferred. Any additional staffing needs or substitutions that arise as a result of the literature review or other preparatory work shall be subject to MCC approval. 7.0 REFERENCES & ATTACHMENTS 7.1 Attachment 1. Tanzania Energy - Malagarasi Hydropower Plant and Kigoma Distribution Network 7.2 References: 7.2.1. Tanzania Compact at http://www.mcc.gov/documents/compact-tanzania.pdf 7.2.2. Malagarasi Aquatic Ecosystems report of Dr. Michel's 2005 expedition (also available at http://www.sorayavillalba.com/ellinor/images/MALA/MAEfullTxtAbs.pdf 8.0 PERIOD OF PERFORMANCE The period of performance for this work is anticipated to be February 27, 2009 through June 30, 2009. 9.0 PLACE OF PERFORMANCE Performance shall take place at the Contractor's site, the MCC headquarters in Washington D.C. and in the country of Tanzania. 10.0 CONTRACT TYPE: Firm Fixed Price ( MCC estimates 3,712 direct labor hours and other direct costs inclusive of 7 trips to Tanzania, local travel, per diem, M&I) 11.0 DELIVERABLES 11.1 Literature and Secondary Data review, expert consultation and preliminary logistics organization. Written summary of literature review - April 30, 2009 11.2 Preliminary report based on field work - within 15 days after returning from Tanzania 11.3 Final Project Report - Within 30 days from receipt of questions from MCC review of the Preliminary Report. 11.4 All reports shall be submitted in English, in three (3) hard copies, and an electronic copy using WINDOWS based MS-Office 2003 products including WORD for text, data tables in EXCEL, appropriate MS-Office 2003 programs for exhibits, and schedules using MS-Project. Original drawing files should be submitted in PDF printable version. Digital photo files should be submitted in JPG format. GIS data should be submitted PDF printable files. Presentations should be prepared with PowerPoint. The selected Contractor shall establish and maintain a comprehensive reference index of all relevant documents reviewed. Any and all such documents made available and collected by the selected Contractor shall be compiled in usable form and delivered in an organized fashion to MCC at the end of the contract. 12.0 MILESTONE PAYMENT SCHEDULE The following Milestone Payments shall be payable following MCC's acceptance of the following deliverables: - Deliverable 1, Literature & Secondary Data Review - Payment 33% of Total Fixed Price - Deliverable 2, Preliminary Field Report - Payment 33% of Total Fixed Price - Deliverable 3, Final Report - Payment 34% of Total Fixed Price 13.0 PROPOSAL EVALUATION 13.1 The provisions at FAR 52.212-2, Evaluation'Commercial Items (JAN 1999) apply to this Solicitation and are hereby incorporated as follows: 52.212-2 Evaluation'Commercial Items. EVALUATION'COMMERCIAL ITEMS (JAN 1999) (a) 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. The following factors shall be used to evaluate offers in descending order of importance: Factor 1 - Technical Capability Technical Subfactor 1: Professional Qualifications a. Assigned personnel have the professional experience, technical qualifications, and academic background required to perform each of the tasks included in the Statement of Work b. Assigned personnel have demonstrated experience applying international best practice in their respective fields, particularly with respect to the World Bank policies and guidelines cited in this Statement of Work c. Assigned personnel have the language capabilities needed to successfully complete the Statement of Work Technical Subfactor 2: Management Structure and Work Plan a. Offeror has proposed a Project Manager who is technically qualified and available to perform the duties required of the Statement of Work b. Offeror has proposed an appropriate and effective methodology and work plan for completing the work, including systems for monitoring project activities and results c. Offeror has proposed appropriate quality control and assurance mechanisms d. Assigned personnel are familiar with Tanzanian environmental and socio-cultural conditions, business practices, environmental laws and permitting requirements, and other factors that may be pertinent to performing the tasks under this Statement of Work Factor 2: Past Performance a. Offeror has completed work assignments during the last three years similar in nature, or directly related to, the technical requirements of the Statement of Work. Offeror shall provide contact information for each reference cited. b. Offerors without past performance shall be rated - neutral. Factor 3: Price NOTE: Technical & past performance when combined are more important than price. (b) Options. N/A (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) NOTE: All quotes MUST include price(s), payment terms, and a point of contact (POC), name and phone number. Each response must clearly indicate the capability of the offeror to meet all specifications and requirements. In addition, the technical capability statement/proposal is limited to 15 pages. Charts, graphs, CVs, and resumes of Key Personnel may be included as an appendix to the 15 page technical capability statement and will not be included in the page count. 13.2 To be eligible for award, offerors must be registered in the Central Contractor Registration (CCR), as required by FAR 52.204-7, Central Contract Registration. The database can be accessed at http://www.ccr.gov. If you are already registered in the CCR, you are advised to review your information to ensure that your registration is complete and verified. 13.3 FAR 52.212-1, Instructions to Offers-Commercial Items (June 2008) applies to this acquisition. 13.4 Each offeror shall include a completed copy of the provision at FAR 52.212-3, including Alt I, Offeror Representations and Certifications'Commercial Item (June 2008). If you have an updated version of Representation and Certification at the Online Representations and Certifications Application (ORCA) website, you can include a statement reflecting this in your offer rather than sending a copy of the Representations and Certifications. 13.5 FAR 52.212-4, Contract Terms and Conditions-Commercial Items (October 2008, ALT.1) applies to this acquisition. 13.6 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes of Executive Order-Commercial Items (Jan 2009) in full text below. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS'COMMERCIAL ITEMS (JAN 2009) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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.] __ (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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (5) [Reserved] __ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (7)(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. __ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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. __ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (11) 52.219-16, Liquidated Damages'Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (12)(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. __ (13) 52.219-25, Small Disadvantaged Business Participation Program'Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). _x_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (18) 52.222-19, Child Labor'Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _x_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _x_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.) __ (27)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (29)(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. __ (30) 52.225-1, Buy American Act'Supplies (June 2003) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act'Free Trade Agreements'Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (32) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (36) 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)). __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (38) 52.232-33, Payment by Electronic Funds Transfer'Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (39) 52.232-34, Payment by Electronic Funds Transfer'Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (42)(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.] __ (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) (Nov 2006) (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 (Feb 2002) (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 (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 paragraphs (e)(1)(i) through (xi) of this paragraph 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 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.). (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-54, Employment Eligibility Verification (JAN 2009). (xii) 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...