Solicitation_12639518Q0053.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

238220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/25/2018 1700 ET

01/16/2018

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639518Q0053

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Air Conditioning and Refrigeration Systems Maintenance/Repair, Waimanalo, HI

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Invoice Processing Platform (IPP) All invoices must be submitted electronically through the Invoice Processing Platform (IPP) via www ipp gov x

X

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

652 of

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.draves@aphis.usda.gov by the time specified in the solicitation. (See 52.212‐1 Addendum.)

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page or signed Standard Form (SF) 1449 and acknowledgement of Amendments

Completed Pricing Schedule (page 4). Alternative pricing schedules will not be considered. The Government will award on an “All or None” basis.

Submit Attachment 1, Project Experience Questionnaire, for a minimum of three (3) projects to demonstrate relevant experience performed within the past five years.

2. Quoters are urged and expected to inspect the equipment on which maintenance or repair services are to be performed. Contact Wesley Sawamura at Wesley.k.sawamura@aphis.usda.gov to schedule an appointment.

3. Submit questions by email to Lisa Draves at lisa.a.draves@aphis.usda.gov. Questions should be submitted no later than two (2) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

4. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

5. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

6. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

PRICING SCHEDULE

This solicitation will result in a combination firm‐fixed‐price and time‐and‐materials contract.

a. The line items established for 2‐Month, 6‐Month, and Annual maintenance services will be paid on a firm‐fixed‐price basis in accordance with FAR 52.212‐4.

b. The line items established for Hourly Repairs and Materials for Routine Repairs will be paid on a time and materials basis in accordance with FAR 52.212‐4 Alt 1:

(1) Direct labor hours at a single blended hourly rate (fully burdened) that include wages, overhead, general and administrative expenses, and profit; and

(2) Actual cost for materials (except as provided for in FAR 31.205‐26(e) and (f)

The hours listed are for evaluation purposes only and are not intended to convey the minimum or maximum quantity that will be ordered by the Government. See clause 452.216‐74, Ceiling Price.

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

0001 2‐Month

Maintenance Services 6 EA ________ ________ (Firm‐Fixed‐Price)

0001 6‐Month Maintenance Services 2 EA ________ ________ (Firm‐Fixed‐Price)

0001 Annual Maintenance Services 1 EA ________ ________ (Firm‐Fixed‐Price)

0004 Hourly Labor Rate 8 HR ________ ________ Routine Repairs (Time and Materials)

0005 Materials for Routine Repairs N/A (Time and Materials)

TOTAL ________

PROJECT EXPERIENCE QUESTIONNAIRE

Name of Quoter: _________________________________

PROJECT #1:

Contract Number: _________________________________

Contract Title: _________________________________

Contract Location: _________________________________

Award Date: _________________________________

Contract Completion Date: _________________________________

Contract Price: _________________________________

Project Description: (Describe how this project is relevant. Include details such as similar equipment, crews/personnel qualifications, requirements, conditions, etc. Attach additional pages if necessary.)

Work Performed as: ___ Prime Contractor ___ Subcontractor

Client Name (Firm/Agency): _________________________________

Reference Name/ Title: _________________________________

Phone and Email: _________________________________

PROJECT #2:

Contract Number: _________________________________

Contract Title: _________________________________

Contract Location: _________________________________

Award Date: _________________________________

Contract Completion Date: _________________________________

Contract Price: _________________________________

Project Description: (Describe how this project is relevant. Include details such as similar equipment, crews/personnel qualifications, requirements, conditions, etc. Attach additional pages if necessary.)

Work Performed as: ___ Prime Contractor ___ Subcontractor

Client Name (Firm/Agency): _________________________________

Reference Name/ Title: _________________________________

Phone and Email: _________________________________

PROJECT #3:

Contract Number: _________________________________

Contract Title: _________________________________

Contract Location: _________________________________

Award Date: _________________________________

Contract Completion Date: _________________________________

Contract Price: _________________________________

Project Description: (Describe how this project is relevant. Include details such as similar equipment, crews/personnel qualifications, requirements, conditions, etc. Attach additional pages if necessary.)

Work Performed as: ___ Prime Contractor ___ Subcontractor

Client Name (Firm/Agency): _________________________________

Reference Name/ Title: _________________________________

Phone and Email: _________________________________

Statement of Work For

Air Conditioning and Refrigeration Systems Maintenance/Repair

1.0 CONTRACT PROJECT:

1.1 Title: Maintenance of Facility Air Conditioning and Refrigeration Systems

1.2 Location: U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), Hawaii Fruit Fly Facility (HFFF), 41‐650 Ahiki St., Waimanalo, Hawaii, 96795.

1.3 Project Description: This Statement of Work (SOW) is to provide 2‐Month, 6‐Month and Annual maintenance and repair of facility air conditioning and refrigeration systems.

Contract Term and Type

This is a combination “firm‐fixed‐price” and “time and materials” type contract.

a. The line items established for 2‐month maintenance, 6‐month maintenance, and annual maintenance services will be paid on a firm‐fixed‐price basis (52.212‐4).

Payment will be made upon completion and acceptance of work. The payment provided for in the contract shall constitute full compensation for furnishing all materials, equipment, and labor and performing all work under the contract in a complete and acceptable manner. The contract work shall include providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, transportation, and for performing all work required. Compensation for all work shown, specified, or essential to the completion of the project (whether or not the specified material or operation is indicated) shall be included in the total price. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to the conditions of the contract.

b. The line items established for Hourly Repairs and Materials for Repairs will be paid on a time and materials basis:

(1) Direct labor hours at a single blended hourly rate (fully burdened) that include wages, overhead, general and administrative expenses, and profit;

and

(2) Actual cost for materials (except as provided for in FAR 31.205‐26(e) and (f).

The contractor shall obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory material.

Invoices for Hourly Repairs and Material shall include detailed breakdown of total labor hours and materials/parts required for the repair.

See clause 452.216‐74 “Ceiling Price”. The contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified. Material costs are limited to $500.00. The cost of hourly repairs during regular business hours is limited to $500.00. The cost of hourly repairs during non‐business hours is limited to $500.00.

Period of Performance. The period of performance for this contract is from the date of contract award through 12 months.

Invoices and Payment Information The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may enroll at https://ipp.gov.

Invoices must be supported with a summation of the work completed, and if repair services are needed, the invoice must summarize the actual labor hours expended and an itemized list for all parts used in the repair. All Contractor invoices shall identify the date and time the work was completed.

1.3.1 Contractor shall meet with the Government (APHIS Technical Contact) to ascertain a clear understanding of the project scope; address any items that may not be clearly defined in the SOW, establish project boundaries, and address any site security concerns and protocols. Contractor shall provide services as identified in the SOW. Technician shall report to Facility personnel upon arrival and before departure. Parking is to be in marked stalls. Access to non‐work areas are prohibited.

1.3.2 Contractor shall furnish all labor, materials (except where noted), hardware, equipment, professional services, etc. necessary to effectuate the completion of the maintenance and repair work.

1.3.3 Provide a minimum of three (3) days’ notice prior to start of work. Coordinate all work to preclude interference with the operation of the facility during the work process.

1.3.5 The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards. Maintenance Services shall be accomplished in accordance with the manufacturer’s recommended procedures and the schedule/requirements described herein.

1.3.5.1 Maintenance Services shall include incidental repairs related to or detected during maintenance and servicing procedures. If incidental repairs are needed to any of the equipment identified in Section 1.3.7, Equipment, the contractor shall provide the replacement parts and perform the repairs at no additional cost to the Government. Incidental repairs include and are not limited to replacements up to a total of $50 per occurrence in direct material (with the exception of UV‐C light replacements which are considered incidental repairs).

All repair work, with the exception of incidental repairs, must be approved by the Contracting Officer’s Representative (COR) prior to beginning the work. The contractor shall provide an estimate to the COR prior to proceeding with any repair work other than incidental repairs.

The government reserves the right to obtain services for repair and parts from another vendor if it is deemed more economically feasible for the government.

Only the authorized manufacturer parts can be provided for any repair or maintenance work performed under this contract. Only new parts are acceptable for use under this contract unless otherwise approved by the Contracting Officer Representative.

1.3.5.2 Routine repairs shall be performed on an as‐needed basis. The Contractor shall provide a point of contact for receiving notifications of repair work requirements. The COR will notify the Contractor of requirements for repair work by phone and/or by email.

Repairs shall be made in accordance with the manufacturer’s specifications and guidelines and standard building codes. The quality of repairs shall meet the applicable standards and shall prevent any malfunction reoccurrences caused by poor workmanship or other contractor inadequacies.

The contractor shall respond to routine repair requests within two (2) business days.

Performance of routine repairs is not required outside of Government regular working hours.

The Contractor shall schedule and complete routine repairs in a timely manner and ensure equipment and systems are restored to safe, normal working condition and function properly.

Routine repairs shall be completed within 30 days unless otherwise agreed upon by both parties.

1.3.6 WORK HOURS: All work shall be done weekdays, Monday to Friday between 6:00 AM to 2:30 PM. No weekend or holiday work will be allowed unless approved by the COR or Contracting Officer.

1.3.7 EQUIPMENT: (Refer to Attachment No. 1 for locations.)

EQUIPMENT MAKE MODEL QUANTITY

CU‐1 CARRIER 24APA560A003 1

FCU‐1 CARRIER FV4BNB006000 1

CU‐2 CARRIER 24APA530A003 1

FCU‐2 CARRIER FV4BNF003000 1

WALK‐IN

CHILL BOX

MASTER‐BILT N/A 1

WALK‐IN

CHILL BOX CU

MASTER‐BILT MHLZ0091C 1

REACH‐IN

FREEZER CU

MASTER‐BILT N/A 1

1.3.8 SCHEDULE OF MAINTENANCE

2‐Month Maintenance (applies only to FCU‐1 & 2 and CU‐1 & 2):

a. Check general condition and operation.

b. Replace pleated air filters (Government‐furnished).

c. Replace fiberglass filter media (Government‐furnished) for outside air inlet screen.

d. Inspect evaporator coils.

e. Treat drain lines and pans.

f. Check for condensate water and refrigerant leaks.

g. Check conditions of controls, switches and wiring.

h. Check fans and motor bearings for excessive noise.

i. Inform Site Manager of any unusual conditions which may need attention (coil cleaning, rust treatment, etc.).

6‐Month Maintenance:

a. Perform all items in 2‐Month Maintenance.

b. Hose down coils on CU‐1, CU‐2, Walk‐in Chill Box and Freezer condensers. Exercise caution to prevent damage to coil fins.

Annual Maintenance:

a. Perform all items in 2‐Month Maintenance.

b. Replace four (4) total UV‐C lights, Totaline P/N: P103‐UVLTT2P1020A01, in FCU‐1 &

FCU‐2.

c. Hose down condenser coils on CU‐1, CU‐2, Walk‐in Chill Box and Freezer. Exercise caution to prevent damage to coil fins.

d. Clean cooling coils in FCU‐1, FCU‐2 and Walk‐in Chill Box.

1.3.9 The USDA shall designate a Contracting Officer Representative to work with the Contractor to coordinate all aspects of this contract. The Representative’s name for this contract will be provided in the COR delegation letter which will be provided at contract award.

kshingaki Callout

WALK-IN CU

kshingaki Text Box

WALK-IN CHILL

kshingaki Text Box

BOX

kshingaki Callout

REACH-IN FREEZER

kshingaki Callout

FREEZER CU

kshingaki Oval kshingaki Oval kshingaki Oval kshingaki Oval kshingaki Text Box

ATTACHMENT NO. 1

kshingaki Oval

2.0 USDA PROJECT CONTACTS:

2.1 APHIS Contracting Officer

Lisa Draves 612‐336‐3364 lisa.a.draves@aphis.usda.gov

2.2 APHIS Contracting Officer’s Representative (COR)

Tammy Craig

USDA, APHIS, PPQ

375 Rogers Blvd.

Honolulu, HI 96819 Office: (808) 834‐3200 Fax: (808) 834‐3213 Cell: (808) 220‐8447 Email: Tammy.Craig@aphis.usda.gov

2.3 APHIS Site Manager & Technical Contact

Wesley Sawamura

USDA, APHIS, PPQ, HFFF

41‐650 Ahiki Street Waimanalo, HI 96795 Office: 808‐259‐8822 Fax: 808‐259‐9671 Cell: 808‐690‐0450 Email: Wesley.K.Sawamura@aphis.usda.gov

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.draves@aphis.usda.gov by the time specified in the solicitation. (See 52.212‐1 Addendum.)

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page or signed Standard Form (SF) 1449 and acknowledgement of Amendments to the solicitation

Completed Pricing Schedule (page 5). Alternative pricing schedules will not be considered. The Government will award on an “All or None” basis.

Submit Attachment 1, Project Experience Questionnaire, for a minimum of three (3) projects.

2. Quoters are urged and expected to inspect the equipment on which maintenance or repair services are to be performed. Contact Wesley Sawamura at Wesley.k.sawamura@aphis.usda.gov to schedule an appointment.

3. Submit questions by email to Lisa Draves at lisa.a.draves@aphis.usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

4. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

5. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

6. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

PRICING SCHEDULE

This solicitation will result in a combination firm‐fixed‐price and time‐and‐materials contract.

a. The line items established for 2‐Month, 6‐Month, and Annual maintenance services will be paid on a firm‐fixed‐price basis in accordance with FAR 52.212‐4.

b. The line items established for Hourly Repairs and Materials for Routine Repairs will be paid on a time and materials basis in accordance with FAR 52.212‐4 Alt 1:

(1) Direct labor hours at a single blended hourly rate (fully burdened) that include wages, overhead, general and administrative expenses, and profit; and

(2) Actual cost for materials (except as provided for in FAR 31.205‐26(e) and (f)

The repair hours listed are for evaluation purposes only and are not intended to convey the minimum or maximum quantity that will be ordered by the Government. See clause 452.216‐ 74, Ceiling Price.

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

0001 2‐Month

Maintenance Services 6 EA ________ ________ (Firm‐Fixed‐Price)

0001 6‐Month Maintenance Services 2 EA ________ ________ (Firm‐Fixed‐Price)

0001 Annual Maintenance Services 1 EA ________ ________ (Firm‐Fixed‐Price)

0004 Hourly Labor Rate 8 HR ________ ________ Routine Repairs (Time and Materials)

0005 Materials for Routine Repairs N/A (Time and Materials)

TOTAL ________

Statement of Work For

Air Conditioning and Refrigeration Systems Maintenance/Repair

1.0 CONTRACT PROJECT:

1.1 Title: Maintenance of Facility Air Conditioning and Refrigeration Systems

1.2 Location: U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), Hawaii Fruit Fly Facility (HFFF), 41‐650 Ahiki St., Waimanalo, Hawaii, 96795.

1.3 Project Description: This Statement of Work (SOW) is to provide 2‐Month, 6‐Month and Annual maintenance and repair of facility air conditioning and refrigeration systems.

Contract Term and Type

This is a combination “firm‐fixed‐price” and “time and materials” type contract.

a. The line items established for 2‐month maintenance, 6‐month maintenance, and annual maintenance services will be paid on a firm‐fixed‐price basis (52.212‐4).

Payment will be made upon completion and acceptance of work. The payment provided for in the contract shall constitute full compensation for furnishing all materials, equipment, and labor and performing all work under the contract in a complete and acceptable manner. The contract work shall include providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, transportation, and for performing all work required. Compensation for all work shown, specified, or essential to the completion of the project (whether or not the specified material or operation is indicated) shall be included in the total price. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to the conditions of the contract.

b. The line items established for Hourly Repairs and Materials for Repairs will be paid on a time and materials basis:

(1) Direct labor hours at a single blended hourly rate (fully burdened) that include wages, overhead, general and administrative expenses, and profit;

and

(2) Actual cost for materials (except as provided for in FAR 31.205‐26(e) and (f).

The contractor shall obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory material.

Invoices for Hourly Repairs and Material shall include detailed breakdown of total labor hours and materials/parts required for the repair.

See clause 452.216‐74 “Ceiling Price”. The contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified. Material costs are limited to $500.00. The cost of hourly repairs during regular business hours is limited to $500.00. The cost of hourly repairs during non‐business hours is limited to $500.00.

Period of Performance. The period of performance for this contract is from the date of contract award through 12 months.

Invoices and Payment Information The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may enroll at https://ipp.gov.

Invoices must be supported with a summation of the work completed, and if repair services are needed, the invoice must summarize the actual labor hours expended and an itemized list for all parts used in the repair. All Contractor invoices shall identify the date and time the work was completed.

1.3.1 Contractor shall meet with the Government (APHIS Technical Contact) to ascertain a clear understanding of the project scope; address any items that may not be clearly defined in the SOW, establish project boundaries, and address any site security concerns and protocols. Contractor shall provide services as identified in the SOW. Technician shall report to Facility personnel upon arrival and before departure. Parking is to be in marked stalls. Access to non‐work areas are prohibited.

1.3.2 Contractor shall furnish all labor, materials (except where noted), hardware, equipment, professional services, etc. necessary to effectuate the completion of the maintenance and repair work.

1.3.3 Provide a minimum of three (3) days’ notice prior to start of work. Coordinate all work to preclude interference with the operation of the facility during the work process.

1.3.5 The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards. Maintenance Services shall be accomplished in accordance with the manufacturer’s recommended procedures and the schedule/requirements described herein.

1.3.5.1 Maintenance Services shall include incidental repairs related to or detected during maintenance and servicing procedures. If incidental repairs are needed to any of the equipment identified in Section 1.3.7, Equipment, the contractor shall provide the replacement parts and perform the repairs at no additional cost to the Government. Incidental repairs include and are not limited to replacements up to a total of $50 per occurrence in direct material (with the exception of UV‐C light replacements which are considered incidental repairs).

All repair work, with the exception of incidental repairs, must be approved by the Contracting Officer’s Representative (COR) prior to beginning the work. The contractor shall provide an estimate to the COR prior to proceeding with any repair work other than incidental repairs.

The government reserves the right to obtain services for repair and parts from another vendor if it is deemed more economically feasible for the government.

Only the authorized manufacturer parts can be provided for any repair or maintenance work performed under this contract. Only new parts are acceptable for use under this contract unless otherwise approved by the Contracting Officer Representative.

1.3.5.2 Routine repairs shall be performed on an as‐needed basis. The Contractor shall provide a point of contact for receiving notifications of repair work requirements. The COR will notify the Contractor of requirements for repair work by phone and/or by email.

Repairs shall be made in accordance with the manufacturer’s specifications and guidelines and standard building codes. The quality of repairs shall meet the applicable standards and shall prevent any malfunction reoccurrences caused by poor workmanship or other contractor inadequacies.

The contractor shall respond to routine repair requests within two (2) business days.

Performance of routine repairs is not required outside of Government regular working hours.

The Contractor shall schedule and complete routine repairs in a timely manner and ensure equipment and systems are restored to safe, normal working condition and function properly.

Routine repairs shall be completed within 30 days unless otherwise agreed upon by both parties.

1.3.6 WORK HOURS: All work shall be done weekdays, Monday to Friday between 6:00 AM to 2:30 PM. No weekend or holiday work will be allowed unless approved by the COR or Contracting Officer.

1.3.7 EQUIPMENT: (Refer to Attachment No. 1 for locations.)

EQUIPMENT MAKE MODEL QUANTITY

CU‐1 CARRIER 24APA560A003 1

FCU‐1 CARRIER FV4BNB006000 1

CU‐2 CARRIER 24APA530A003 1

FCU‐2 CARRIER FV4BNF003000 1

WALK‐IN

CHILL BOX

MASTER‐BILT N/A 1

WALK‐IN

CHILL BOX CU

MASTER‐BILT MHLZ0091C 1

REACH‐IN

FREEZER CU

MASTER‐BILT N/A 1

1.3.8 SCHEDULE OF MAINTENANCE

2‐Month Maintenance (applies only to FCU‐1 & 2 and CU‐1 & 2):

a. Check general condition and operation.

b. Replace pleated air filters (Government‐furnished).

c. Replace fiberglass filter media (Government‐furnished) for outside air inlet screen.

d. Inspect evaporator coils.

e. Treat drain lines and pans.

f. Check for condensate water and refrigerant leaks.

g. Check conditions of controls, switches and wiring.

h. Check fans and motor bearings for excessive noise.

i. Inform Site Manager of any unusual conditions which may need attention (coil cleaning, rust treatment, etc.).

6‐Month Maintenance:

a. Perform all items in 2‐Month Maintenance.

b. Hose down coils on CU‐1, CU‐2, Walk‐in Chill Box and Freezer condensers. Exercise caution to prevent damage to coil fins.

Annual Maintenance:

a. Perform all items in 2‐Month Maintenance.

b. Replace four (4) total UV‐C lights, Totaline P/N: P103‐UVLTT2P1020A01, in FCU‐1 &

FCU‐2.

c. Hose down condenser coils on CU‐1, CU‐2, Walk‐in Chill Box and Freezer. Exercise caution to prevent damage to coil fins.

d. Clean cooling coils in FCU‐1, FCU‐2 and Walk‐in Chill Box.

1.3.9 The USDA shall designate a Contracting Officer's Representative (COR) for this contract.

The Representative’s name for this contract will be provided in the COR delegation letter which will be provided at contract award.

2.0 USDA PROJECT CONTACTS:

2.1 APHIS Contracting Officer

Lisa Draves 612‐336‐3364 lisa.a.draves@aphis.usda.gov

2.2 APHIS Contracting Officer’s Representative (COR)

Tammy Craig

USDA, APHIS, PPQ

375 Rogers Blvd.

Honolulu, HI 96819 Office: (808) 834‐3200 Fax: (808) 834‐3213 Cell: (808) 220‐8447 Email: Tammy.Craig@aphis.usda.gov

2.3 APHIS Site Manager & Technical Contact

Wesley Sawamura

USDA, APHIS, PPQ, HFFF

41‐650 Ahiki Street Waimanalo, HI 96795 Office: 808‐259‐8822 Fax: 808‐259‐9671 Cell: 808‐690‐0450 Email: Wesley.K.Sawamura@aphis.usda.gov

3.0 CLAUSES

The following clauses are incorporated by reference:

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) – applies to Firm‐Fixed‐Price line items

52.212‐4 Alt 1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) – applies to Time and Material contract line items

52.228‐5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

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): www.acquistion.gov

The following clauses are incorporated by full text:

52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause‐‐

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real‐time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off‐the‐shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS‐COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108‐77 and 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:

__ (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 (June 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section

743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct

2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (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).

X__ (ii) Alternate I (JAN 2011) of 52.219‐4.

__ (13) [Reserved] __ (14)(i) 52.219‐6, Notice of Total Small Business Set‐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.

__ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Nov 2016) of 52.219‐9.

__ (v) Alternate IV (Nov 2016) of 52.219‐9.

__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages ‐ Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011)

(15 U.S.C. 657 f).

X__ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged

Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business

Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X__ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

X__ (26) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

X__ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X__ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222‐37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X__ (33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

X__ (36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

X__ (37) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration other repair and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(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.

__ (39)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

X__ (40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(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__ (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

X__ (43) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

X__ (44) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

X__ (46) 52.225‐1, Buy American‐Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (49) 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).

__ (50) 52.225‐26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (53) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X__ (55) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X__ (58) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

X__ (60)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X__ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X__ (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).

X__ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards. Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment. Requirements (May 2014) (41 U.S.C.

chapter 67).

__ (7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services. Requirements (May 2014) (41 U.S.C. chapter 67).

X__ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X__ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).