Structural Materials Engineering Services

AMENDMENT 1: The purpose of this amendment is to: 1. Post answers to questions received. The attachment titled "NB647000-15-00291 RFQ Question & Answers" has been uploaded and attached to this solicitation. 2. Attach a revised price schedule to be used when submitting price quotations. Contractors shall reference question and answer number 2 in the question and answer attachment. All periods of performance including both option periods shall be 12 months. A revised price schedule titled "15-00291 - RFQ Attachment 1 - Price Schedule Amendment 1 Revision" has been attached to this solicitation. Contractors shall use the revised price schedule with 12 month periods of performance for the base period and all option periods when submitting quotes. 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; quotations are being requested and a written solicitation will not be issued. This combined synopsis/solicitation is being issued as a request for quotation (RFQ) #NB647000-15-00291 utilizing simplified acquisition procedures authorized by FAR Subpart 13.5. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80. GENERAL INFORMATION: Document type: Combined Synopsis/Solicitation RFQ Number: NB647000-15-00291 Classification Code: R -- Professional, administrative, and management support services Set-Aside: Total Small Business Set-Aside NAICS Code: 541330 - Engineering Services Contracting Office Address: National Institute of Standards and Technology (NIST) 325 Broadway Boulder, CO 80305 Contract Line Item Numbers: Contractors quote shall be a firm fixed price. Please reference Attachment 1 to this RFQ for a price schedule to be included in the resultant purchase order. Performance Work Statement: The Performance Work Statement is included as Attachment 2 of this RFQ. QUOTATION SUBMITTAL INSTRUCTIONS Questions Regarding this RFQ Questions relating to this RFQ shall be submitted via e-mail only to contact@example.gov not later than 1:00PM Mountain Time on March 12, 2015. The Government expects to incorporate the answers into one amendment and distribute the amendment as an attachment to this notice. If further questions arise following the outcome of answers provided to initial questions, the Contracting Officer has sole discretion to determine if a new question closing date will be allowed. If a new question closing date is approved an amendment will be posted to this solicitation. For any questions submitted in response to this RFQ, the vendor shall reference the RFQ number in the subject line of the e-mail. Submission of Quotes Submit written quotations in response to this RFQ. Oral offers will not be accepted. All firms or individuals responding must an active System for Award Management (SAM) registration to be considered for award. This procurement is being issued as a 100% Small Business Set-Aside. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80. North American Industrial Classification Standard (NAICS) 541330 - Engineering Services and size standard $15,000,000 apply to this procurement. Quotations are due by 7:00pm Mountain Time on March 19, 2015. The Contracting Officer reserves the right to modify any quotation due dates as required. Quotations received after the prescribed date and time will be considered late and not included in the evaluations. Contractor's quotation shall be submitted in electronic format compatible with MS Office 2010 to contact@example.gov. Quotations shall consist of one attachment per part. The quotation shall be written in Time New Roman font and in size 12 point. The quotation shall include page numbers and be clearly and concisely written. Failure to comply with the terms, conditions or instructions of this RFQ will result in the Contractor's quotation being removed from consideration for award. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: The Contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR The Contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Contractor shall list exception(s) and rationale for the exception(s) The quotation shall set forth full, accurate, and complete information as required by this RFQ package (including attachments). Quotations shall contain the following parts consisting of one attachment per part containing the required information for each part: Part I - Technical Non-Price Factors: Factor 1 - Relevant Experience and Key Personnel Qualifications Factor 2 - Past Performance Part II - Price Quotation PART I - NON-PRICE FACTORS Submission of Relevant Experience and Key Personnel Qualifications The Quoter shall clearly describe, in sufficient detail its relevant experience and its proposed key personnel that will meet or exceed the requirements set forth in this PWS. The description should include the key personnel's specialized experience performing similar work. Among other experience, quoters shall include key personnel experience in laboratory research, mechanical testing, standards committee work, cardiac device leads testing, CO2 corrosion testing, development of International Standards Organization standards and standards development for the Association for the Advancement of Medical Instrumentation. The quote should explain how their experience is relevant to this requirement and how their experience will ensure successful completion of the required tasks. The personnel listed in the quotation and incorporated into any resulting contract should remain unchanged for the life of the contract (see Key Personnel). No additions or replacements will be allowed without substantial justification. Additionally, quotations should include a list of publications and other documentation that provides objective and documentary evidence of the specialized experience in all tasks described throughout the PWS. Quotations shall include a resume for the Contractor's proposed key personnel. The resume shall demonstrate the proposed key personnel's experience and ability to perform all tasks described throughout the PWS. Resumes shall include the following information: - Full name - Education - Chronological work experience Submission of Past Performance Contractors shall provide past performance information related to the relevant experience outlined in factor 1. The past performance information should be over the past three (3) years with Federal, state, or local governments, or commercial customers. If the Contractor intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the Contractor has no relevant past performance, it may include a statement to that effect in its quotation. The Government reserves the right to consider data obtained from sources other than those described by the Contractor in its quotation, e.g. Past Performance Information Retrieval System (PPIRS) and any other reference information it obtains on its own. It is recommended that approximately 3 contracts be referenced. The description of each contract/order described in this section shall not exceed one half page in length. In addition to the contract/order description, Contractor's shall provide the following information: 1. Contract number; 2. Contract dollar value; 3. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; 4. Reference Contact - If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract; 5. Contracting Office - If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer's Representative (COR), and their names, current telephone numbers and email addresses' 6. Problems Encountered - include information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. "Relevant" is defined as project scopes that are similar in type of work and is consistent in size and complexity with the requirements set forth in this RFQ. PART II - PRICE QUOTATION Contractors shall submit a firm fixed price quotation using the format included in attachment 1. The price quotation shall include backup documentation which clearly specifies all associated skill categories and number of quoted hours. The price quotation shall clearly describe how the total price for each year was derived. METHOD OF EVALUATION AND BASIS FOR AWARD Best Value Evaluation Criteria The Government anticipates award of a single Firm Fixed Price (FFP) Purchase Order to the Contractor whose quotation is the most advantageous to the Government, price and other factors considered. Quotations will be evaluated based on the details described in the evaluation factors below. When combined, non-price factors are more important than price. Award will be made to the Contractor whose quotation is determined to be the best value in accordance with this RFQ. Therefore, the Government may award to other than the lowest priced Contractor or the highest technically rated Contractor utilizing trade-offs. The Government intends to evaluate quotations and may award a purchase order without discussions. Therefore, each initial quotation should contain the contractor's best quotation from both a price and a non-price standpoint. However, the Government reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. EVALUATION FACTORS Factor 1 - Relevant Experience and Key Personnel Qualifications Relevant Experience and Key Personnel: The Government will evaluate the extent to which the experience submitted for the contractor's proposed key personnel demonstrate they have appropriate knowledge, qualifications, and experience to efficiently and effectively manage and perform the requirements and ensure the technical quality of deliverables. The government will evaluate the degree to which the relevant experience and key personnel will likely meet or exceed task objectives and promote the likelihood of success. The Government will evaluate the extent of the quoter's experience and the experience of its key personnel in providing similar services. Stronger consideration will be given to the quote that demonstrates experience delivering the same or similar types of services described throughout the Performance Work Statement. Factor 2 - Past Performance: The Government will evaluate the Contractors past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the Contractor has successfully completed relevant contracts in the past three years. In assessing the Contractor's past performance information, the Government will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of services, and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information from sources other than those described by the Contractor in its quotation, e.g. Past Performance Information Retrieval System (PPIRS) and any other reference information the Government obtains on its own. The Government will assign a neutral rating if the Contractor has no relevant past performance information. Evaluation of Price (Part II) Quotations will be evaluated using price analysis techniques to determine a price fair and reasonable. A determination will be made by the Contracting Officer based upon the information provided. The Government reserves the right to ask for any additional price related information from the Contractor in order to determine a price fair and reasonable. The Government may award to other than the lowest priced Quoter or the highest technically rated quote utilizing trade-offs. Pricing will be evaluated separately from technical factors and used as a trade-off between the technical factors. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Provisions: - FAR 52.204-7 - System for Award Management (Jul 2013) - FAR 52.209-2 -- Prohibition On Contracting With Inverted Domestic Corporations--Representation (Dec 2014) - FAR 52.209-7 -- Information Regarding Responsibility Matters (Jul 2013) - FAR 52.212-1, Instructions to Offerors-Commercial (Apr 2014) - FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 2014) Representations and certifications must be uploaded to the System for Award Management at www.sam.gov. Quoters shall include a completed copy of their representations and certifications. - FAR 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification (Dec 2012) Clauses: - FAR 52-203-17 -- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) - FAR 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) - FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011) - FAR 52.204-13 -- System for Award Management Maintenance (Jul 2013) - FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (May 2014) - FAR 52.217-8 -- Option to Extend Services (Nov 1999) 30 days. - FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. - FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) - FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) - FAR 52.252-2 -- 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): https://acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm - FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2014) (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 (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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 (Apr 2010) (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 (Jul 2013) (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 (Aug 2013) (31 U.S.C. 6101 note). _X_ (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 2011) (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 2014) (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 2014) 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 (Feb 1999). _X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (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) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) ___ (34) (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.) ___ (35) (i) 52.223-13, Acquisition of EPEAT -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (36) (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. ___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (38) (i) 52.223-16, Acquisition of EPEAT -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (41) (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. ___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (43) 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). ___ (44) 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). ___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (49) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (50) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (53) (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 Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 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). ___ (4) 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). ___ (5) 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). ___ (6) 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). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). ___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 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.) (xii) 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) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 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). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. - CAR 1352.201-70 Contracting Officer's Authority - CAR 1352.209-73 Compliance with the Laws - CAR 1352.209-74 Organizational Conflict of Interest - CAR 1352.233-70 Agency Protests - CAR 1352.233-71 GAO and Court of Federal Claims Protests - CAR 1352.237-75 Key personnel - NIST LOCAL-04 BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to contact@example.gov. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621