1333MF-21-Q-NFFM-0045_SF1449_UR.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NF-FM7730-21-00788

1333MF21QNFFM0045

SUSAN FAUX

SUSAN.FAUX@NOAA.GOV 508-495-2205

11:00 AM ET

FM702073

NMFS/NE FISHER SCI

CTR/F/NECX2,PRCH OFF

166 WATER ST

WOODS HOLE MA 02543 712130

See Schedule see continuation page for line item details.

See Schedule

AUG 25, 2021

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1333MF21QNFFM0045

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Build saltwater aquarium display tank in accordance with

Statement of Work.

DELIVERY DATE: 12/15/2021

SHIP TO:

NE FISHERIES SCIENCE CTR

166 WATER STREET

/F/NEC

WOODS HOLE MA 02543-1026

FOB : Destination

1.00 EA

0002 Delivery/shipping in accordance with Statement of Work

DELIVERY DATE: 12/15/2021

SHIP TO:

NE FISHERIES SCIENCE CTR

166 WATER STREET

/F/NEC

WOODS HOLE MA 02543-1026

0003 Installation and assembly in accordance with Statement of Work.

DELIVERY DATE: 12/15/2021

SHIP TO:

NE FISHERIES SCIENCE CTR

166 WATER STREET

/F/NEC

WOODS HOLE MA 02543-1026

PAGE 3 OF 54 1333MF21QNFFM0045

Table of Contents

Statement of Work

Invoicing Instructions

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.222-20CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2021)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

52.211-8 TIME OF DELIVERY (JUN 1997)

52.211-8 I TIME OF DELIVERY (JUN 1997)--ALTERNATE I (APR 1984)

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 29

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

52.219-1SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

52.225-4BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)

52.225-4 IIBUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (FEB 2021)--ALTERNATE II

(FEB 2021)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

Instructions to Offerors

Past Performance Reference Sheet

PAGE 4 OF 54 1333MF21QNFFM0045

CLAUSES

Statement of Work

PAGE 5 OF 54 1333MF21QNFFM0045

STATEMENT OF WORK (SOW)

for

Saltwater Aquarium Display Tank with Installation Woods Hole Science Aquarium April 19, 2021

1.0 Background. The National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is the research arm of NOAA Fisheries in the region. The Center plans, develops, and manages a multidisciplinary program of basic and applied research.

The requirement will support operations of the Woods Hole Science Aquarium (Appendix A, Useful Web Sites, and Appendix B, Related Documents Photographs and Worksite Location).

2.0 General Requirements

2.1 Scope of Work. This is a supply with installation requirement. Performance under this contract will be referred to as “Work” within this document. This procurement is for construction and installation of a large fish display tank in the main gallery of our marine aquarium. The old tank has been removed, so no demolition is required. The government will plumb the new tank into the existing aquarium saltwater system. No filtration or pumps are needed. Tank will be plumbed into the existing aquarium saltwater system. We use a semi-closed system, outflows are gravity fed. Tank water temperatures range between 62° and 78° Fahrenheit, year round.

Room temperature range is 68° to 72° Fahrenheit.

2.1.1 Contractor shall be a fully trained authorized builder and installer of manufacturer’s aquarium, and be fully knowledgeable of all contract requirements. Contractor shall at all times ensure Work is accomplished in accordance with the terms and conditions of the contract in a safe and professional manner. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel.

2.1.2 Contractor shall be experienced and skilled in the building and installation of the aquarium offered.

Contractor and subcontractors shall possess all required skill sets, with any required permits current and maintained for performance under this contract.

2.1.3 Contractor shall be responsible for Quality Control. The Government is responsible for Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with the tasks required of this SOW and all other terms and conditions of the contract.

2.2 Place of Performance. NOAA/NMFS/NEFSC, Woods Hole Science Aquarium, 166 Water Street Woods Hole, MA 02543

PAGE 6 OF 54 1333MF21QNFFM0045

2.3 Period of Performance. Work shall start no later than . The tank shall be completed, shipped, and fully installed and tested at the Woods Hole Science Aquarium no later than .

2.4 Hours of Operation. Contractor shall perform Work on a weekday from Monday to Friday, inclusive, between the hours of 7:00AM – 4:00PM Eastern Standard Time (EST). Work may not be scheduled on a recognized United States (U.S) Federal Holidays, or when the Government facility/installation is closed due to local or national emergencies, adverse weather, administrative closings, or similar Government directed facility/installation closings. The Federal Holiday home page can be found at www.opm.gov/fedhol. (Appendix A, Useful Websites)

3.0 Security Requirements. Security Clearances are not required. The Government reserves the right to deny access to Government facilities/property at any time, for any reason. The Government will not be held liable for any delays or breach of contract caused by refusal to allow entry.

3.1 Contractor employees and associated subcontractors performing under this contract MUST be U.S.

citizens or MUST have established and maintain legal residence in the U.S., and be authorized by the US Government to work in the United States (i.e. Green card, worker authorization, etc.). All Contractor employees and all associated subcontractors performing under this contract MUST have at least one form of US Government issued photo identification (driver’s license, US passport, US work visa, etc.) for entry to the Government facility/property. Contractor shall provide the TPOC and CO a list identifying the names of all personnel performing Work under this contract.

3.1.1 National Agency Check with Inquiries (NACI). Not required. This is a low risk non IT service contract of less than 180 days. Government employees will be present on site during the actual performance of Work. It has been determined that NACI for personnel performing under this contract will not be required.

3.1.2 Contractor employees and associated subcontractor personnel, vehicles, and property under their control are subject to search upon entering or exiting the installation, or at any point while on the installation.

Any vehicles or personnel found in possession of prohibited items will be removed, and/or barred, from the installation and released to the appropriate civil authorities.

3.1.3 Government reserves the right to exclude or remove from the site any Contractor employee of the Contractor or associated subcontractor whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the contract is deemed by the Government to be contrary to the public interest.

3.1.4 Government reserves the right to close down the job site and order Contractor employees and associated subcontractors off the premises in the event of a national emergency or a shut-down, for as long as

PAGE 7 OF 54 1333MF21QNFFM0045

security problems persist. A written notification will be provided as soon as possible. Contractor may only return to the site with written approval from the TPOC/CO.

4.0 Government Roles.

4.1 The Contracting Officer (CO) is the only individual with the authority to authorize changes within this contract that will have an effect on the scope, and monetary values (increase or decrease) of contract.

4.2 The Technical Point of Contact (TPOC) is the individual designated and authorized in writing by the CO at contract award to perform administrative functions on the contract. The key role of the TPOC is to observe, document, and communicate Contractor performance to both the CO and Contractor. All coordination and correspondence should be forwarded through the TPOC to the CO. TPOC and alternate TPOC (if applicable) will be responsible for the inspection and acceptance of performance and any deliverables under the contract.

4.2.1 The TPOC does NOT have authority to change the terms and conditions of the contract. When, in the opinion of the Contractor, the TPOC requests efforts outside the existing scope of the contract, the Contractor shall promptly notify the CO in writing. Contractor under such direction shall take no action until the CO has resolved the issue or has otherwise issued a modification to the contract. TPOC information is identified as: TO BE DETERMINED AT TIME OF AWARD.

4.2.2 In the absence of the TPOC (due to reasons such as leave, illness, and official travel), all responsibilities and functions assigned to the TPOC shall be the responsibility of the CO until an alternate TPOC is assigned.

4.2.3 Technical Point of Contact (TPOC) will notify the Contractor of Government facility/installation closures on an event-by-event basis. Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility/installation is not closed for the above reasons.

5.0 Government Responsibilities:

5.1 Government is responsible for quality assurance of Work.

5.2 Government will inspect the Work performed under this contract. Any corrective action required as a result of the inspection will be accomplished prior to final monthly billing. Government will document instances of deficiencies.

5.3 Contractor may be notified of deficiencies in performance in writing by the TPOC/CO. Oral deficiency notifications will be confirmed in writing by the TPOC/CO. Contractor shall take prompt corrective action upon notice of deficiency. Prompt is defined as within 24 hours of notification.

PAGE 8 OF 54 1333MF21QNFFM0045

5.4 Government personnel other than COs and the authorized TPOC, may, with CO coordination, observe Contractor operations. However, these personnel may not interfere with Contractor performance or make any changes to the contract.

5.5 Government Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Existing space and existing aquarium saltwater system. Government dumpsters will not be used by Contractor.

5.6 Government is not responsible for damage to Contractor’s equipment due to trash, debris or uneven terrain.

6.0 Contractor Key Roles. Site Manager as assigned at the discretion of the Contractor (can be identified as the same individual) assumes all applicable duties and responsibilities as a binding authority of the Contractor for performance of Work. Site Manager shall be on the Work site while Work is being performed. Contractor shall provide to the TPOC and CO a signed document identifying the Site Manager.

6.1 Contractor shall provide a Site Manager. Site Manager shall conduct overall management of Contractor employees and associated subcontractor(s) on site. Site Manager shall be the central point of contact with the Government for performance of all work under this contract. The Site Manager shall be authorized to receive any notices of deficiency in contract performance. The notices may include but not be limited to the following: Non-performance of work, Deficiencies in work performed, and Notices of proposed payment deductions due to the above. Site Manager shall be available weekdays between the hours of 8:00 a.m. and 3:00 p.m. and available within 2 hours to discuss problem areas. Contractor shall provide to the TPOC and CO a signed document identifying the Site Superintendent.

6.2. Contractor shall identifying all personnel performing Work under this contract at the government location. Contractor shall submit this list to TPCO and CO prior to the commencement of Work on this contract.

7.0 Contractor Responsibilities.

7.1 Contractor Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Contractor shall provide all plant, trained labor, equipment, materials, supervision, transportation, permits, insurance, and quality control necessary to successfully provide aquarium, delivery, installation and testing as identified of the Work in this contract. Government dumpsters shall not be used by the contractor.

7.1.1 Contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their performance.

7.1.2 Contractor shall maintain an adequate workforce trained to safely and satisfactorily perform under this contract.

PAGE 9 OF 54 1333MF21QNFFM0045

7.1.3 Contractor shall accomplish all tasks to meet the requirement of the SOW.

7.1.4 Contractor shall perform in accordance with professional industry standards.

7.1.5 Contract shall comply with all applicable local, state, and federal codes and laws as well as other government published instructions per the contract documents.

7.1.6 Contractor shall ensure all Contractor employees, and all associated subcontractor(s) are experienced in the type of work involved and familiar with the specifications of this contract. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel. Government will not provide instruction or oversight.

7.1.7 Contractor shall be responsible for all contractor security arrangements including subcontractor’s materials, tools, equipment, and personnel.

7.1.8 Written and verbal communications concerning this contract shall be conducted between the Contractor and the authorized government team (Technical Point of Contact, Contracting Specialist, and Contracting Officer) only.

7.1.9 Contractor shall handle corrective action(s) without dependence upon Government direction.

Contractor shall resolve all discrepancies noted (by the government team) within 24hrs of identification.

7.1.10 Contractor shall ensure Contractor’s employees and all associated Subcontractor(s) performing under this contract, are notified of all deficiencies in their area of responsibility to ensure that deficiencies do not reoccur.

7.1.11 Contractor shall be available on site within 2 hours of notification as required by the government for issues that cannot be resolved by telephone to the government’s satisfaction. Contractor is responsible for understanding the site condition, complexity, volume and quality of services required.

7.1.12 Contractor Equipment. The Government may inspect Contractor’s equipment at any time.

Contractor’s equipment shall be subject to approval by the TPOC. Contractor shall service or replace at no cost to the Government any equipment found to be defective, unsafe, or unsuitable.

8.0 Contractor Liability: Except as otherwise provided by law, the Government will not be responsible for the loss of, or damage to, the Contractor’s equipment, property, or death of or injury to the Contractor’s employees or associated subcontractors performing under this contract, resulting from the Contractor’s negligent performance under this contract. Contractor shall be responsible for all damages to persons or property that occurs as a result of Contractor’s faulty equipment, fault or negligence of Contractor personnel/employees or associated subcontractors performing Work on this contract.

PAGE 10 OF 54 1333MF21QNFFM0045

9.0 Contractor Insurance Requirements. Contractor shall at its sole expense insure its activities in connection with the Work under this contract and shall obtain, keep in force, and maintain insurance in accordance with FAR clause 52.228-5, Insurance—Work on a Government Installation. Contractor shall provide a copy of the Insurance Certificate to the CO and TPOC prior to the commencement of Work on this contract.

10.0 Job Site Protection. Contractor shall protect the property of others as well as his/her own property.

Contractor shall repair or replace any property damaged by the Contractor during performance under this contract. Contractor shall take precautions to prevent the spread of dust, moisture and debris. Contractor shall keep the area clean and upon completion of the project, the Contractor shall clean up the work area and remove all debris from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building.

11.0 Specific Tasks.

11.1 CLIN 0001: Build a saltwater aquarium tank to fit in existing space. Tank: This seawater tank will hold live marine fishes and invertebrates.

The tank shall be a rectangular tank, 241 inches long, 67 inches wide, and 37 inches high, with a water depth of no less than 33 inches, to hold approximately 2,200 gallons. Minor revisions to dimensions allowed if needed to fit into existing space.

The tank shall be constructed of Fiberglass or FRP.

All interior and exterior sides of the tank shall be coated with 2-part epoxy gelcoat (color TBD) that is not harmful to marine animals.

At least two skimmer boxes must be included.

o External boxes are preferred if skimmers will fit on the short sides, internal boxes required if skimmers will be fitted on the long side.

o Skimmers must accommodate a water flow of approximately 25 to 30 gallons per minute.

o Skimmers will require a pre-drilled hole at the bottom to accommodate a 3-inch female fitting on an externally placed skimmer, or on the side of the skimmer for an internally placed skimmer.

A top flange may be used on the tank for structural integrity. If the top flange is a design element, then it must face internally. Should a top flange be built into the design, the top flange that is located above the long viewing panel must have 6 equidistant 1.5-inch holes pre-drilled into it and painted. These will be used to secure the tubing that drops water into the tank.

Viewing panels: The tank will have viewing panel(s) along one long side, the side that faces our main public gallery and through which animals may be observed.

Viewing panel(s) shall be made of acrylic or glass.

Viewing panel(s) shall be the majority of one long side length and width.

PAGE 11 OF 54 1333MF21QNFFM0045

Viewing panel(s) shall extend no less than 237 inches in length, and no less than 30 inches in height (See photo).

Spanners may be used between panel(s) for structural integrity, and do not need to match the current black spanner covers visible in the included photo.

11.2 CLIN 0002: Delivery. The tank must come in sections in order to fit through our second floor hallway.

A doorway opening (standard single garage-door opening) with a loading dock is available to move the tank pieces from a truck to the building.

This loading dock can accommodate a forklift.

No machinery (other than handcarts and dollies) is available to move pieces once they are on the loading dock.

The distance from the loading dock to the permanent location is approximately 40 feet, through a

5-foot wide hall, with clearance of no more than 7-feet-6-inches in height at the ceiling.

11.3 CLIN 0003: Installation. Installation shall begin on delivery and be completed on successive days.

This tank will require a base. It will rest on an uneven concrete floor and must be elevated approximately 4 inches off that concrete floor to allow for an existing built-in ledge (See photo).

If the base is made of steel, it shall be powder-coated to prevent rusting.

Tank seam(s) shall be sealed appropriately to prevent leaks.

Seams shall be coated in the same 2-part epoxy /paint used for the tank surface once sealed – so as not to be visible once completed.

Top spanners for structural integrity at these joints is/are acceptable.

Contractor shall remove and clean up all equipment and debris, any leftover installation/base materials, & all 2-part epoxies, upon completion.

12.0 Safety, Security, Fire Protection, Environmental Controls, Conservation of Utilities, and Compliance with Laws and Regulations.

12.1 Safety Requirements. Contractor shall be responsible for safety. Contractor shall take all necessary precautions to meet proper safety standards, training, and regulations of all local, state and federal codes and regulations. (Appendix A, Useful Websites)

12.1.1 While working within the government facility.

12.1.2 Smoking in the facility is prohibited.

PAGE 12 OF 54 1333MF21QNFFM0045

12.1.3 Work under this contract must be accomplished in such a way as to minimize the potential of environmental impact by operating in an environmentally responsible manner and to the extent possible through the use of environmentally friendly procedures, services, and products.

12.1.4 Contractor shall record and report promptly (as soon as possible but no later than, one hour of incident) to the CO and TPOC, all available facts relating to each instance of damage to Government property or injury to either Contractor or Government personnel.

12.1.5 In the event of an accident/mishap, Contractor shall take reasonable and prudent action to establish control of the accident/mishap scene, prevent further damage to persons or property, and preserve evidence until released by the authorized Government representative (i.e. TPOC, CO).

12.1.6 If the Government elects to conduct an investigation of the accident/mishap, the Contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

12.1.7 While on Government property, Contractor shall not use a cell phone while operating a vehicle or other motorized equipment unless the operator is utilizing a hands-free device as such is prohibited by Federal regulations. Motor vehicle regulations are strictly enforced and excessive violations may result in the loss of driving privileges on the Government facility.

12.2 Security. None.

12.3 Fire Protection Requirements while working within the government facitlty. The emergency telephone number for NEFSC, Woods Hole, Massachusetts is 911. Contractor shall report within one (1) hour of all incidents to TPOC.

12.4 Environmental Controls. This section covers the responsibility of the Contractor while performing under this contract.

12.4.1 Contractor shall immediately inform the TPOC/CO of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

12.4.2 Contractor shall be knowledgeable of and comply with all applicable interstate, federal, state and local laws, regulations, and requirements regarding environmental protection as it pertains to the Work under this contract.

12.4.3 Conservation of Utilities. The contractor will be able to use on-site power or other utilities after informing TPOC.

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11.0 IT Security. Is not applicable.

12.0 Section 508. Not applicable. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.

105-220 under Title IV (Rehabilitation Act Amendments of 1998) is not required.

13.0 Invoicing. Invoicing. Contractor shall provide “proper” invoices in arrears of tasks performed (and expensed) with last invoice being submitted within 30 days of contract completion. Invoices shall be submitted (via electronic copy) no later than by the 10th day of the billing month.

1. Payments will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment.

2. To constitute a proper invoice, the Contractor’s invoice shall be prepared in accordance with, and contain the elements specified in FAR 52.212-4(g), “Invoices”.

3. The Government will return invoices that do not comply with FAR 52.212-4(g), “Invoices” within 7 days after the date the invoice was received along with a statement as to the reasons why it is not a proper invoice.

4. The Contractor will send invoices in accordance with the terms and conditions of this contract to the following address (electronic submission of invoices is preferred): nmfs.nec.invoices@noaa.gov

5. Please reference the Contract/Order Number in your email subject line when submitting invoices.

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APPENDIX A

Useful Websites

Publication / Website

Mandatory or Advisory

Website

Federal Acquisition Regulation (FAR)

Mandatory http://www.farsite.hill.af.mil

Federal Holiday Home Page

Mandatory www.opm.gov/fedhol.

Occupational Safety and

Health Administration

(OSHA)

Mandatory https://www.osha.gov/

NEFSC Woods Hole Science Aquarium

Advisory https://www.fisheries.noaa.gov/newengland-mid-atlantic/outreach-and-e ducation/woods-hole-science-aquari um

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APPENDIX B

Related Documents

Photographs

Worksite Location

ORIGINAL tank in place. View from hallway (back up area).

PAGE 16 OF 54 1333MF21QNFFM0045

ORIGINAL tank in place. View from main aquarium gallery.

PAGE 17 OF 54 1333MF21QNFFM0045

Photo of lip in concrete floor (tank has been removed for this photo) that support base will butt up against. Tank will be pushed all the way to the black window paneling.

PAGE 18 OF 54 1333MF21QNFFM0045

Photo of old support structure. Blocks were shimmed to create level. (60 years in place)

PAGE 19 OF 54 1333MF21QNFFM0045

Photo of exhibit side. Note: the two interior black support Photo showing the inflow valves (on the wall). This is “frames” for the old acrylic panels can be moved or where (If there is an internal flange on the tank) removed. Window opening measurements average: 29” equidistant 1.5 inch holes will need drilling. high X 76”wide.

PAGE 20 OF 54 1333MF21QNFFM0045

Photo of exhibit side. Note: the two interior black support Photo showing the inflow valves (on the wall). This is “frames” for the old acrylic panels can be moved or where (If there is an internal flange on the tank) removed. Window opening measurements average: 29” equidistant 1.5 inch holes will need drilling. high X 76”wide.

PAGE 21 OF 54 1333MF21QNFFM0045

Work Location

Woods Hole Science Aquarium

NOAA/NMFS/NEFSC

Woods Hole Laboratory 166 Water Street Woods Hole, MA 02543

Invoicing Instructions

PAGE 22 OF 54 1333MF21QNFFM0045

Invoicing Instructions for Standard Form 1449

Please e-mail a copy of the invoice to: or mail the Original Invoice to the address specified in Block #9 of the SF1449/Purchase Order.

Invoicing. Contractor will provide a “proper” invoice upon shipment of item (or end of performance period) whichever is applicable to the contract terms and conditions, in accordance with the Prompt Payment. Proper invoices must include as a minimum:

a) Name and address of the contractor.

b) Name (where applicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

c) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). Electronic submission of invoices is preferred.

d) Contract Number (Block 2)

e) Contract Line Item Number being billed, with description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

f) Shipping and payment terms (e.g., discount for prompt payment terms, shipment number and date of shipment if applicable). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading (if applicable). Please include waybill if freight charges are more than $100.00

Improper invoices will be returned and payment will not be made until receipt of a proper invoice.

Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the businesses System for Awards Management (SAM) registration information.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(Reference 52.212-1)

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.ACQUISITION.GOV

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-4)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

(Reference 52.222-20)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(Reference 52.223-5)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 52.232-8)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

(Reference 52.246-1)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2021)

PAGE 23 OF 54 1333MF21QNFFM0045

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 (JUN 2020), 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 (JUN 2020) (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.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020)) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020)) of 52.219-4.

(13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(iii) Alternate II (NOV 2011) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020)) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020)) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (JAN 2017) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020)) (15 U.S.C. 657f).

XXX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020)) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

PAGE 24 OF 54 1333MF21QNFFM0045

(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 (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XXX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XXX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O.

13126).

XXX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XXX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

XXX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XXX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN, 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN, 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products(MAY 2020) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

XXX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN, 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN, 2016) (E.O. 13693).

(47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

XXX (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

XXX (iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

PAGE 25 OF 54 1333MF21QNFFM0045

(55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (OCT 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XXX (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(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.

(iii) Alternate II (FEB 2006) 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) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018)(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) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

PAGE 26 OF 54 1333MF21QNFFM0045

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities(JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards…