Sol_1605DC-19-R-00056.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

OSHA NATIONAL-GRANTS

Washington DC 20210

SLTC

200 Constitution Ave N.W.

Department of Labor

OSHA UT SANDY SHIP 1 CODE 16. ADMINISTERED BYCODE

X

X

334516

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROSHA NATIONAL-DSG

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/19/2019 1700 ES

08/01/2019

202-693-7196Carol Lake (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605DC-19-R-00056

5. SOLICITATION NUMBER

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

1 55 1650-DIT-19-NAT-0067OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SANDY UT 84070

ATTN: LECIA MCCOLLUM

8660 SOUTH SANDY PARKWAY

US DEPARTMENT OF LABOR

15. DELIVER TO

Washington DC 20210

SLTC

200 Constitution Ave N.W

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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 SCHEDULEX

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)

US Department Of Labor

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.

The Department of Labor, Office of Procurement Services on behalf of the Office of Occupational Safety Health Administration(OSHA) Salt Lake City has a need for a Thermal Desorption Gas Chromatograph Mass Spectrometry (TD-GC-MS) System in accordance with the attached Performance Work Statement(PWS). Please see the attached pricing schedule for the details of this requirement.

The vendor shall provide pricing for the "Brand Name" Parts and supplies needed to build a Markes

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

SHAYLA E. BATTLE

. 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.

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.

International Ltd. Unity-Ultra-XR Pro Thermal

Desorber coupled with an Agilent Technologies

8890 Gas Chromatography System coupled with a

Agilent Technologies 5977B Inert Plus Mass

Spectrometer.

Your submission should reflect delivery, installation and warranty requirements to be properly considered as technically acceptable.

Your submission should reflect the specifications of the items required for a firm fixed-price contract to include best-discounted price, as applicable.

Delivery: 90 Days After Award

0001 PART NUMBER #U-UNITY-PRO-XR

UNITY-ULTRA-xr Pro, thermal desorber system for up to 199 tubes, with automated inlet and outlet split re-collection. Automated thermal desorber bundled system for industry standard (3.5-inch x

¼-inch O.D.) sample tubes with or without RFID tags (TubeTAG™)

Product/Service Code: 9999

0002 PART NUMBER #U-ISDPAC-XR

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

55 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605DC-19-R-00056

ISDP accessory for TD100-xr or ULTRA-xr (all versions) with regulator (UGAS03) for purging IS gas - Field Installable Compatible with TD100-xr, ULTRA-xr, UNITY-ULTRA-xr Pro & ULTRA-xr Pro add-on.

Note: only 1 ISDP accessory required for all configurations.

Product/Service Code: 9999

0003 INSTALLATION #INC-INSTL-TD

TD installation, checkout and basic familiarization - Takes up to 2 days and includes all travel costs within mainland US

Product/Service Code: 9999

0004 PART NUMBER #G3540A

Agilent 8890 GC System Custom With the following configuration: 8890 100psi Split/splitless Inlet

Accy 8890 100psi Split/splitless Inlet Accy MSD

Interface Factory plumbing For quick installation

Exhaust Deflector Assy 8890 with USA Country of

Origin Installation (44K) Familiarization at

Installation (44L)

Product/Service Code: 9999

0005 PART NUMBER #G7077BA

5977B Inert Plus MSD Turbo EI Bundle with

Extractor EI Source and Data System (Software, PC and Monitor), and additional G1710FA Data License.

With the following configuration: Add ChemStation

DA w/ MassH Fam GC/MSD InertPlus EI for 8890 GC

Substitute IDP3 Oil Free Scroll Pump Installation

(44K)Familiarization at Installation (44L)1 Year

SW Update/Phone Assist (44W)

Product/Service Code: 9999

0006 PART NUMBER #G4513A

7693A Autoinjector Includes transfer turret, Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605DC-19-R-00056

16-sample turret, mounting post, parking post for

GC. 10ul syringe, and solvent bottles. With the following configuration: 7693A ALS with USA

Country of Origin Installation (44K)

Familiarization at Installation (44L)

Product/Service Code: 9999

0007 PART NUMBER #G4514A

7693 Tray, 150 vial includes three removable

50-vial racks and GC mounting bracket. With the following configuration: 7693A Tray with USA

Country of Origin Installation (44K)

Familiarization at Installation (44L)

Product/Service Code: 9999

0008 PART NUMBER #G4522A

7693A heating and cooling plate for tray. Heats, cools, monitors temp of 150 vials in the tray (5C to 60C). Includes aluminum sample vial racks.

With the following configuration: Installation

(44K) Familiarization at Installation (44L)

Product/Service Code: 9999

0009 PART NUMBER #G3397B

Ion Gauge Kit for 5977 MSD. With the following configuration: Installation (44K)

Product/Service Code: 9999

0010 PART NUMBER #G1033B

NIST 2017 MS Library Bundle includes EI library of 307K spectra of 267K compounds plus GC retention indices for over 82K compounds

Product/Service Code: 9999

0011 12-MONTH WARRANTY NSP(NOT SEPARATELY PRICED) 12 MO

(Not Separately Priced)

Product/Service Code: 9999

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605DC-19-R-00056

0012 ODCs: TRAVEL AND OTHER

Product/Service Code: 9999

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

1605DC-19-R-00056

THERMAL DESORPTION GAS CHROMATOGRAPH

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 6 of 55

PART I – THE SCHEDULE (cont)

SECTION B – SUPPLIES OR SERVICES AND PRICES

BASE PERIOD: 90 DAYS FROM DATE OF WARD

CLIN PART

NUMBER

ITEM DESCRIPTION QUANTITY AMOUNT

0001 U-UNITY-

PRO-XR

UNITY-ULTRA-xr Pro, thermal desorber system for up to 199 tubes, with automated inlet and outlet split re-collection.

Automated thermal desorber bundled system for industry standard (3.5-inch x ¼-inch O.D.) sample tubes with or without RFID tags (TubeTAG™).

·199-tube automation with built-in TubeTAG RFID tag read/write functionality for enhanced tube and sample tracking.

·Quantitative, automated inlet and outlet split re-collection, whilst maintaining up to 100-tube desorption, for repeat sample analysis or data/method validation.

·Cryogen-free, compact unit offering compatibility with all tube TD applications.

·Sample stacking – multiple samples loaded onto focusing trap before GC injection.

·Tubes are sealed using DiffLok caps before, throughout and after analysis to preserve sample integrity and prevent contamination.

·Simple, robust operation (no capping or uncapping required) ·Pre-programmed parameters for common analytical and conditioning methods, offering rapid set-up.

·Automated, intelligent system self-checking diagnostics, including leak isolation.

·Preventative maintenance feedback with usage counter.

·Compatible with any make of GC(MS) ·Configured for electronic carrier gas control (ECC) for stabilization of retention times.

UNITY–ULTRA-xr Pro Bundle includes:

·UNITY-xr with electronic control of split and desorb flows, ULTRA-xr, and ULTRA-xr Pro.

·Transfer line and GC/TD cable for connection to any commercial GC, GC/MS. NB: GC inlet NOT required

·Pressure regulators (U-GAS01) for controlling the supply pressure of dry and carrier gas ·U-T11GPC-2S – general purpose focusing trap suitable for most routine applications ·Markes Instrument Control software for Windows® 7, 8.1, MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 7 of 55 or 10 compatible PC ·40 pairs of DiffLok™ analytical end caps – 40 inert coated caps (for the sampling/hot end) and 40 stainless steel caps All cables necessary for connection to PC.

0002 U-ISDPAC-

XR

ISDP accessory for TD100-xr or ULTRA-xr (all versions) with regulator (UGAS03) for purging IS gas - Field Installable Compatible with TD100-xr, ULTRA-xr, UNITY-ULTRA-xr Pro & ULTRA-xr Pro add-on.

Note: only 1 ISDP accessory required for all configurations.

0003 INC-INSTL-

TD

TD installation, checkout and basic familiarization - Takes up to 2 days and includes all travel costs within mainland US

0004 G3540A Agilent 8890 GC System Custom With the following configuration: 8890 100psi Split/splitless Inlet Accy 8890 100psi Split/splitless Inlet Accy MSD Interface Factory plumbing For quick installation Exhaust Deflector Assy 8890 with USA Country of Origin Installation (44K)

Familiarization at Installation (44L)

0005 G7077BA 5977B Inert Plus MSD Turbo EI Bundle with Extractor EI Source and Data System (Software, PC and Monitor), and additional G1710FA Data License.

With the following configuration: Add ChemStation DA w/ MassH Fam GC/MSD InertPlus EI for 8890 GC Substitute IDP3 Oil Free Scroll Pump Installation (44K) Familiarization at Installation (44L)

1 Year SW Update/Phone Assist (44W)

0006 G4513A 7693A Autoinjector Includes transfer turret, 16-sample turret, mounting post, parking post for GC. 10ul syringe, and solvent bottles.

With the following configuration: 7693A ALS with USA Country of Origin Installation (44K)

Familiarization at Installation (44L)

0007 G4514A 7693 Tray, 150 vial includes three removable 50-vial racks and GC mounting bracket.

With the following configuration:

7693A Tray with USA Country of Origin Installation (44K)

Familiarization at Installation (44L)

0008 G4522A 7693A heating and cooling plate for tray. Heats, cools, monitors temp of 150 vials in the tray (5C to 60C). Includes aluminum sample vial racks.

With the following configuration:

Installation (44K) Familiarization at Installation (44L)

0009 G3397B Ion Gauge Kit for 5977 MSD.

With the following configuration: Installation (44K)

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 8 of 55

0010 G1033B NIST 2017 MS Library Bundle includes EI library of 307K spectra of 267K compounds plus GC retention indices for over 82K compounds

0011 12-MONTH WARRANTY (NOT SEPARATELY PRICED)

0012 ODCs: TRAVEL AND OTHER (NTE Amount) $3,000.00

TOTAL

B.1 Contract Type:

The Government contemplates award of a firm fixed price (FFP) contract.

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1. General Information

C.1.1 Description of Services/Introduction:

Parts and supplies needed to build a Markes International Ltd. Unity-Ultra-xr Pro thermal desorber coupled with an Agilent Technologies 8890 gas chromatography system coupled with a Agilent Technologies 5977B Inert Plus mass spectrometer. This system will be installed at the SLTC and equipment brought into working order. Familiarization of each component to an agency’s representative will also be required. Manufacturers will provide a 12 month warranty including all parts and labor (including travel costs and hotel stay) from the installation delivery date. This warranty does not include columns or consumables. The parts and services will include all of the following listed in the table above in Section B.

C.1.2 Background:

The USDOL OSHA Salt Lake Technical Center (SLTC) is responsible for analyzing samples submitted by Compliance Safety and Health Officers (CSHOs) evaluating worker exposure to hazardous compounds. One of the tools used in identifying these hazards is a Thermal Desorption-Gas Chromatography-Mass Spectrometry (TD-GC-MS) system. This system will allow the CSHOs to take a sample at every inspection identifying potential hazards preventing exposures to these hazards.

The SLTC has been using TD-GC-MS to identify hazards since the early 1990’s. One system was taken out of service due to its age and functionality. This leaves SLTC with only one older TD-GC-MS system to handle the sample load for the SLTC. This system is a Markes International Ltd. thermal desorber coupled with an Agilent GC-MS system. The Markes International thermal desorber is used due to its patented “DiffLok” cap that allows samples to remain sealed for analyzation. Due to the burden of legality, compliance samples need to remain sealed while they are waiting to be analyzed. Agilent GC-MS systems have been purchased for over 20 years at the SLTC due to the lower cost in maintenance and the company being a GSA provider. Agilent systems are needed as their software has now been integrated into the SLTC software infrastructure for data processing.

C.1.3 Objectives:

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 9 of 55

The objective is to purchase a new Thermal Desorption- Gas Chromatograph- Mass Spectrometry (TD-GC-MS) System.

C.1.4 Scope:

Thermal Desorption- Gas Chromatograph- Mass Spectrometry (TD-GC-MS) System. The period of performance is delivery with 90 days after award contract date.

C.1.5 Government Remedies:

The contracting officer shall follow FAR 52.212-4, “Contract Terms and Conditions- Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

C.1.6 Contracting Officer Representative (COR):

A COR will be delegated after award.

C.1.7 Contract Manager:

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

C.2.1 Definitions:

PWS. Performance Work Statement

Contracting Officer’s Representative (COR). A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

DOL. Department of Labor

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

TD-GS-MS System. Thermal Desorption-Gas Chromatography-Mass Spectrometry (TD-GC-MS) system

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 10 of 55

Best Effort: That effort expended by the contractor to perform within the awarded ceiling price all work specified in this acquisition and all other obligations under this acquisition. This effort includes providing required qualified personnel, properly supervised, and following industry accepted methodologies and other practices. The effort is further characterized by operating at all times with the Government’s best interest in mind, using efficient and effective methods, and demonstrating sound cost control. The effort must be identical to the effort that would be expended if this were a firm-fixed price acquisition and the contractor’s profits were dependent upon reducing costs while meeting the Government’s requirements in terms and quality and schedule. Failure to provide this required effort may result in the withholding of payment for hours expended that do not qualify as best effort or a reduction in the rate per hour to reflect decreased value of services received.

C.3.1 General:

The government shall provide, the facilities, equipment, materials, and/or services listed below.

C.3.2 Equipment: N/A

C.3.3 Services:

C.3.3.1 Utilities.

All utilities in the facility will be available for the contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

C.3.4 Facilities:

The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

C.4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS.

C.5.1 Basic Services:

The contractor shall provide a Thermal desorption-Gas chromatography-Mass spectrometry (TD-GC-MS) system.

Contractor shall ensure the thermal desorber system will have the following specifications:

C.5.1.1 The thermal desorber must be set up to use industry standard (3.5-inch x ¼-inch O.D.)

sample tubes with or without RFID tags (TubeTAG™).

C.5.1.2 The thermal desorber must have 199-sample tube automation with built-in TubeTAG C.5.1.3. The thermal desorber must have quantitative, automated inlet and outlet split re- collection, whilst maintaining up to 100-tube desorption, for repeat sample analysis or data/method validation.

C.5.1.4. Thermal desorber must be Cryogen-free.

C.5.1.5. Thermal desorber must be able to do Sample stacking – multiple samples loaded onto

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 11 of 55 focusing trap before GC injection.

C.5.1.6. Thermal desorber must handle sample tubes that are sealed using DiffLok caps before, throughout and after analysis to preserve sample integrity and prevent contamination.

C.5.1.7. Thermal desorber must be able to be pre-programmed with parameters for common analytical and conditioning methods, offering rapid set-up.

C.5.1.8. Thermal desorber must have an automated system for self-checking diagnostics, including leak isolation.

C.5.1.9. Thermal desorber must have preventative maintenance feedback with usage counter.

C.5.1.10. Thermal desorber must be compatible with any Agilent GC-MS systems.

C.5.1.11. Thermal desorber must be configured for electronic carrier gas control (ECC) for stabilization of retention times.

C.5.1.12. Thermal desorber must be able to be coupled with any Agilent GC-MS system with all the necessary connections and gas flow controlling systems.

C.5.1.13. Thermal desorber must come with control software and necessary cables for connection to controlling computer.

C.5.1.14. Thermal desorber must pass leak test.

C.5.1.15. Thermal desorber must pass performance check showing complete desorption

Contractor shall ensure that the Gas Chromatography-Mass Spectrometry (GC-MS) system will have the following specifications:

C.5.1.1 a. Gas Chromatography system will have two split/splitless inlets.

C.5.1.2 a. Gas Chromatography system will have a mass spectrometer detector (MSD) interface.

C.5.1.3 a. Gas Chromatography system will have an exhaust deflector assembly. 5.1.4a. Gas Chromatography system will allow for remote connectivity.

C.5.1.4 a. Gas Chromatography system will have an automated system for self-checking diagnostics, including leak isolation, and maintenance feedback with usage counters.

C.5.1.5 a. Gas Chromatography system will be equipped with an electronic pneumatic control (EPC).

C.5.1.6.a. Mass spectrometry system will have a turbo electron ionization (EI) bundle with EI source.

C.5.1.7 a. Mass spectrometry system will come with PC, Monitor, and control software for system operation of GC-MS system.

Contractor shall ensure that following will be provided with the TD-GC-MS system for needed automation:

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 12 of 55

C.5.1.1 b. An auto-injector that contains 16-sample turret, mounting post for GC, and 10 uL syringe.

C.5.1.2 b. An auto-sample tray that will hold 150 sample vials and include three 50 vial removable racks.

C.5.1.3 b. An auto-sample tray with heating and cooling plates at range from 5-60 degrees Celsius.

C.5.1.4 b. An ion gauge kit for MSD to monitor vacuum levels.

C.5.1.5 b. NIST library for mass spectral data comparison.

C.5.1.6 b. 40 pairs of Difflok caps for cold end of sample tubes and 40 pairs of inert coated Difflok caps for hot end of the sample tubes.

C.5.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

C.6.1 Publications Applicable to This PWS:

The publications must be coded as mandatory or advisory, the date of the publication, and what chapters or pages are applicable to the requirement. All publications listed are available via the Internet.

SECTION D – PACKAGING AND MARKING – N/A

SECTION E – INSPECTION AND ACCEPTANCE – N/A

SECTION F - DELIVERABLES AND PERFORMANCE

F.1 Period of Performance:

The period of performance shall be 90 days from award date with a 12 month warranty at no cost to the Government.

F.2 Recognized Holidays:

The contractor is not required to perform services on these days Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 13 of 55

Memorial Day Thanksgiving Day Independence Day Christmas Day

F.3 Hours of Operation:

The contractor is responsible for conducting business between the hours of 8:00am to 5:00pm, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

Telecommuting or “work at home” is not authorized under this contract unless under emergency situations as determined by the COR.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

G.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

(a) A Contracting Officer’s Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

(d) A COR is not authorized to direct any action that results in a change in the scope, price, terms or conditions of this contract.

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 14 of 55

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY REQUIREMENTS

Contractors will be escorted by IHC Personnel

H.1.1 PHYSICAL SECURITY

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured

H.2 CLEARANCE

Contractors will be escorted by IHC Personnel

H.3 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.4 CONSERVATION OF UTILITIES

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

H.5 CONTRACTOR TRAVEL

The contractor may be required to travel during the performance of this contract. Authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR), FAR 31.205-46, and the limitation of funds as specified in this contract will be permitted.

The Contractor shall use the per diem rates for the lower 48 Continental United States (CONUS) as established by the General Service Administration (GSA) which are the maximum allowances that federal employees are reimbursed for expenses incurred while on official travel. Rates are available at https://www.gsa.gov/travel-resources.

All travel requires Government pre-approval by the COR. The Contractor is required to complete a Pre- Authorization for Travel (PAT) form and e-mail it to the COR. Upon receipt of the PAT form, the COR shall immediately review the request due to sudden changes in cost for flights, transportation, and lodging. The COR shall perform a quick comparison of costs using any travel resource and either approve or reject the contractor’s request. If the Contractor’s request is denied, the COR shall e-mail the contractor with specific explanations as to why it was rejected, allowing the Contractor up to three (3) business days to correct and e-mail again. If approved, the COR https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Ftravel-resources&data=02%7C01%7CLake.Carol.A%40dol.gov%7C868e057b810f456a6da208d6fb51131c%7C75a6305472044e0c9126adab971d4aca%7C0%7C0%7C636972722964544990&sdata=TEzHF3p8fFf26rCql9rla5G0TskMHWPvGgNacGNccBo%3D&reserved=0

MASS SPECTROMETRY (TD-GC-MS) SYSTEM Page 15 of 55 shall sign and date the PAT form and immediately e-mail it back to the Contractor while retaining a copy within their COR file. Once the PAT form is received by the Contractor, they may immediately make travel arrangements so long as the prices are within five (5) percent of the costs noted within the approved PAT.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.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):

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

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.224-1 Privacy Act Notification. (APR 1984) 52.224-2 Privacy Act. (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest After Award. (AUG 1996) 52.237-3 Continuity of Services. (JAN 1991) http://farsite.hill.af.mil/

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52.237-7 Indemnification and Medical Liability Insurance. (JAN 1997) 52.242-13 Bankruptcy. (JUL 1995) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JAN 2019) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

I.2 FAR CLAUSES INCORPORATED IN FULL TEXT:

52.212-4 --Contract Terms and Conditions - Commercial Items. (OCT 2018), As prescribed in 12.301(b)(3)) (Incorporated by Reference (IBR))

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)

As prescribed in 12.301(b)(4), insert the following clause:

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] http://farsite.hill.af.mil/reghtml/Regs/FAR2AFMCFARS/FARDFARS/FAR/12.htm#P123_20066

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_x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2018) (41 U.S.C.

2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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___ (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 (Aug 2018) (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 (Aug 2018) 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.

657f).

___ (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 (Jan 2018) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_x__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment 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 Television (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).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

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_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 (Aug 2018) (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 (Oct 2018) (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).

___ (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)(13)).

___ (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.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (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).

(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.

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(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 (Jan 2019) (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).

(iv) 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 $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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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 (Oct 2019) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52-217-9 -8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified…