Cell_Sorter_Combined_Synopsis-Solicitation.docx

16-258-SOL-00022

16-258-SOL-00022

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address

National Hansen’s Disease Programs 1770 Physicians Park Drive Baton Rouge, LA. 70816

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation document will not be issued.

The Health Resources and Services Administration (HRSA) is contemplating issuance of award pursuant to Federal Acquisition Regulation (FAR) Part 13.106.

This combined synopsis/solicitation (16-258-SOL-00022) is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 20050-90.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516.

This is a Firm Fixed Price Requirement. The Government is not responsible for payment exceeding the award amount.

Salient Characteristics

Fluorescence Activated Cell Sorter or a Flow Cytometer (FACS)

Mandatory Requirements for FACS:

The FACS shall;

1. Include one (1) complete Fluorescence Activated Cell Sorter or a Flow Cytometer (FACS) system.

2. Include one (1) set of Setup Beads.

3. Include one (1) L of Sheath Fluid.

4. Include one (1) Box of 40 Cleaning Chip.

5. Include one (1) Box of 40 Sorting Chip-100um.

6. Include one (1) Box of 40 Sorting Chip-130um.

7. Be capable of both sorting and analyzing cell populations.

8. Be capable of both sorting and analyzing bacterial populations.

9. Have at least two (2) lasers, 488nm (blue) & 638/640nm (red).

10. Have the capability of simultaneous acquisition of six (6) different fluorochromes plus forward and side scatters in a single run and have the capability of reading at least the following fluorochromes: FITC, GFP, PE/PT, APC, APC-CY7, PC5, PC5.5, PerCP, PerCP-Cy5.5, and PI. There should not be any channel overlap, dye bleeding, while reading multiple dyes in one run and in combination.

11. Be able to receive samples in 0.5 and 1.5mL micro centrifuge tubes, 15mL tubes and will be able to deposit sorted cells into 15mL tubes and standard 12-, 24- and 96-well cell culture plates.

12. Be in a format in which the optics of the FACS (lasers and PMTs) are fixed, and should not require manual adjustment of the optics during set-up and/or sorting/acquisition.

13. Be able to maintain 6oC ± 2oC temperature in the sample and sort deposition compartment.

14. Come with its own certified Biosafety Class II cabinet which should not exceed 50” x 42” x 90” (W x D x H) in exterior dimensions.

15. Come with an air compressor pump (if required).

16. Not require any special electrical or environmental conditions beyond those normally found in a standard biological laboratory environment. Only 120V power supply shall be available for the instrument and all its components.

17. Be a newly manufactured, not used, refurbished, or previously used for demonstration.

18. Come with a computer workstation and software which allows FACS set-up, sorting, acquisition and analysis of data. The software shall additionally be available for use on any NHDP computer with unlimited licenses for data analysis purposes.

19. Be delivered with all necessary supplies, equipment, components, pumps, samplers, columns, detectors, adapters, software, instrument computers, drivers, accessories, required to seamlessly install, set-up, test and train. Training will be provided to Researchers which include but not limited to Branch Chief, Supervisor Microbiologist, Supervisor Immunologist, Microbiologist, Immunologist and laboratory technicians. The contractor shall be responsible for a turnkey solution including onsite installation, set-up, testing and onsite training for the aforementioned NHDP staff.

20. The contractor shall provide all labor, travel, and tools to deliver and install the equipment onsite. Equipment shall be tested once installed to verify all aspects of the FACS are operating within parameters of the required specifications. The contractor shall demonstrate upon installation and testing that the item meets all performance specifications. Upon acceptance, the contractor shall provide onsite, comprehensive training to Research Staff that include but not limited to Branch Chief, Supervisor Microbiologist, Supervisor Immunologist, Microbiologist, Immunologist and laboratory technicians to include operational procedures, operator maintenance, method building, data interpretation, and simple trouble shooting.

21. Come with all standard information pertaining to the equipment, including User Manuals, Operation and Maintenance (O&M) Manuals, Material and Safety Data Sheets (MSDS), troubleshooting guides and any other applicable documentation. These shall be provided upon installation of the FACS.

22. A warranty for a minimum of twelve (12) months from the date of acceptance, along with its accessories. This warranty will include lasers, cooling temperatures, bio-safety cabinetry features, and software features.

23. Have maintenance service (Planned, repair, and remote) for one 12 month base and four twelve month option periods of performance. The following are the maintenance requirements:

a) One planned, onsite preventative maintenance visit per 12 month period.

b) Unlimited software and firmware updates.

c) All labor, travel, parts, components, and subassemblies.

d) Unlimited remote technical support (e.g. telephone based, email-based, and web-based).

e) Unlimited onsite corrective/remedial maintenance service, Monday through Friday (excluding Federal Holidays), between the hours of 8:30 AM (Central) through 4:30 PM (Central).

f) Maintenance and repair services shall be performed by formally trained and certified technicians and engineers, following Original Equipment Manufacturer (OEM) specifications, manuals, and services bulletins, using genuine OEM replacement parts, components, and subassemblies.

Statement of Work

Fluorescence Activated Cell Sorter or a Flow Cytometer (FACS) Maintenance Services

1. Background

The mission of National Hansen’s Disease Programs (NHDP) is to conduct advanced research on all aspects of Hansen’s disease (HD) including immunology, microbiology and cellular biology of the disease so that better diagnosis, treatment, prevention and other forms of intervention can be designed. In order to fulfill this mission NHDP needs access to modern biological tools and techniques which are constantly and rapidly evolving. A major hurdle in most biological research is to isolate and separate a specific cell population of interest (or bacteria), from a mixed one, so that the nature and function of those specific cells can be determined in great detail free of any influence from the other cell types. The most reliable and accepted method for doing this is to use Fluorescence Activated Cell Sorter or a Flow Cytometer (FACS). This is a very powerful technique to study specific cell or bacterial populations and is widely used in immunological, cell biological and microbiological studies. This instrument will help multiple NHDP Laboratory Research Branch (LRB) investigators in their studies to understand host responses against Mycobacterium leprae, the causative agent of HD, and the newly isolated leprosy complex bacteria M. lepromatosis. Since M. leprae is a class-II biosafety human pathogen, third party core instrument facilities cannot be used. Having a FACS instrument with appropriate Biosafety containment mitigates biosafety risks while allowing safe and ready access of NHDP LRB investigators to a modern instrument which is essential for modern biological research.

2. General Requirements/Tasks

NHDP requires maintenance services for one (1) FACS and its related accessories to ensure that it operates within the manufacturers’ parameters. These maintenance services are for routine maintenance that includes cleaning the laser, laser fluid, accessories, and cabinet.

Tasks - Maintenance services shall include;

· One planned, onsite preventative maintenance visit per contract year.

· Unlimited software and firmware updates.

· All labor, travel, parts, components, and subassemblies.

· Unlimited remote technical support (e.g. telephone based, email-based, and website-based).

· Unlimited onsite corrective/remedial maintenance service, Monday through Friday (excluding Federal Holidays), between the hours of 8:30 AM (Central) through 4:30 PM (Central).

· Maintenance and repair services shall be performed by formally trained and certified technicians and engineers, following Original Equipment Manufacturer (OEM) specifications, manuals, and services bulletins, using genuine OEM replacement parts, components, and subassemblies.

3. Period of Performance

The period of performance of this requirement shall be for a 12 month base period with four 12 month option periods (exact dates to be incorporated at time of award).

4. Core Days and Hours of Operation

Services shall be performed Monday through Friday, between the hours of 8:00 a.m. through 3:00 p.m.

No services or deliverables shall be provided on Saturdays, Sundays, Federal Government Holidays, or any other day as set forth by Presidential Executive Order, or any other Federal Government closures.

The following Federal Government holidays are established by law (5 U.S.C. 6103):

5. Place of Performance

Onsite services shall be performed at the NHDP LRB, LSU School of Vet Med, Skip Bertman Drive, Baton Rouge, LA 70803.

6. Key Personnel

Key personnel proposed by the contractor to perform services under this contract are subject to review and concurrence by the Contracting Officer prior to their placement. Any desired replacement or removal of key personnel by the contractor is subject to review and concurrence of the Contracting Officer prior to their replacement or removal.

The Contracting Officer may request that the contactor exclude form work such personnel as the Contracting Officer deems incompetent, careless, and or unsuitable or whose continued employment is inconsistent with the best interest of the Federal Government. The Contracting Officer reserves the right to exclude from work any personnel previously barred from NHDP.

The Federal Government may request that the contractor immediately remove personnel from the place of performance should it be determined that the individual being assigned to duty is not qualified or is found to be unfit for performing services under this contract.

For clarification, a determination of unfit may be made from, but is not limited to incidents involving the most identifiable types of misconduct or delinquency as set forth below:

· Violation of rules and regulations.

· Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions of fighting. Participating in disruptive activities, which interfere with the normal and efficient operations of the Federal Government, is also considered disorderly conduct.

· Theft, vandalism, immoral conduct, or any criminal action.

· Possessing, selling, consuming or being under the influence of intoxicants, illegal drugs or substance that produces similar affects.

· Unauthorized use of Federal Government property.

· Possession of weapons while on duty.

In the event of a dispute, the contractor Officer will make the final determination.

The contractor shall remind their personnel that the place of performance is a Federal Government facility.

In the event of a substitution, the following key personnel requirements shall be utilized:

· Program Manager

Education and Experience requirements:

· The program manager shall have a minimum three years of specialized experience in program management of the type of services being provided within this contract.

7. Reporting Requirements, Invoicing, and Deliverables

· Deliverables

All deliverable reports are to list the following at the top of the first page:

· Contract number.

· Deliverable item number.

· Deliverable item delivery due date.

· Date of submission.

· All deliverable items are to be separate physical submissions.

· All deliverable items are subject to the review and concurrence of the COR.

· Invoice/Vouchers

Receiving payment under this contract:

You must be able to accept electronic payments and you must be registered in the System for Award Management (SAM) database (http://www.sam.gov). Your DUNS number and banking information must be current. Keep in mind that you must make changes in SAM if your bank merges with another bank or you change banks. You are responsible for updating the data in the SAM database and for re-registering before your expiration date. SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration.

Submitting Request for Payment:

The contractor shall submit payment requests to the below address using Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. Supporting documentation necessary to substantiate your request may be submitted along with the SF 1034. Attached for your convenience is a SF 1034.

Mail Invoices To:

National Hansen’s Disease Programs Attention: Finance Department 1770 Physicians Park Drive Baton Rouge, LA. 70816

Submit the SF 1034 and all supporting documentation. An electronic copy of the SF1034 in PDF format may be found at www.gsa.gov/portal/forms/download/115462.

Complete the SF 1034 following the directions below:

· In block entitled, Voucher No., enter the number of the voucher.

· In block entitled, U.S. Department, Bureau or Establishment and Location enter:

National Hansen’s Disease Programs Contracting Office 1770 Physicians Park Drive Baton Rouge, LA 70816

· In the block entitled, Date Voucher Prepared, enter the date the voucher is prepared.

· In the block entitled, Contract Number and Date, enter the contract number under which reimbursement is claimed and the date the contract was signed. If billing for work done under a task order or BPA call, enter the contract number or Blanket Purchase Agreement number against which the order or call was issued. If you are simply billing for deliverables under a Purchase Order, leave this block blank and enter the order number in the block entitled, Number and Date of Order.

· In the block entitled, Requisition Number and Date, leave blank.

· In the block entitled, Payee’s Name and Address, enter the name and address as it appears on the contract. In the case of assignment of claims, also supply the remit to address of the organization to which payments are assigned. Enter the DUNS number in this block.

· In the block entitled, Number and Date of Order, enter the number and date of the Purchase Order, task order or BPA call number.

· In the block entitled, Date of Delivery or Service, if billing monthly, enter the specific month/year that the cost were incurred. If billing for a period other than monthly, enter the beginning and ending dates of the cost incurrence period.

· In the block entitled, Articles or Services, enter a description of the articles or service provided. If additional space is needed, provide in an attachment. Include the signed statement, “I certify that all payments requested are for appropriate purposes and in accordance with the contract.”

· In blocks entitled, Amount and Total, enter the total dollar amount claimed for this billing.

Vouchers without all required information will be denied until the proper information is submitted.

Inquiries:

Regarding payment, contact the Accounts Payable Section:

National Hansen’s Disease Programs Attention: Finance Department 1770 Physicians Park Drive Baton Rouge, LA 70816 Telephone: 225-756-3811 Fax: 225-756-3806

Regarding technical issues, inspection and acceptance, call your Contracting Officer Representative (COR).

Regarding suspension or rejection of costs submitted, call your Contract Specialist.

Note: Your respective COR does not have the authority to (1) solicit proposals, (2) modify the stated terms of the award (i.e. change in price, change in scope of work), (3) issue instructions to the contractor to start or stop work, or (4) approve any action that will result in additional charges to the Federal Government. These changes are the sole responsibility of the Contracting Officer. The Federal Government will not be responsible for cost overruns or unauthorized procurements made by the vendor.

8. Payment Schedule

This is firm fixed price contract. Payment for all initial equipment shall be invoiced for once delivery and acceptance has occurred. Payment for maintenance services thereafter shall occur on a monthly basis.

9. Contracting Officer Representative (COR)

The person identified below is hereby designated as the COR for this contract. The responsibility of the COR is to ensure that the services as outlined in this contract are carried out by the contractor. To this end the COR will provide necessary information, direction, coordination, and et cetera, within scope of this contract. Issuance of changes which affect this contract such as scope or terms and conditions will be accomplished by the Contracting Officer who is the only party authorized to commit the Federal Government. The Contracting Officer shall unilaterally change the COR when necessary.

· COR

Dr. Richard W. Truman LSU-SVM, Skip Bertman Drive Baton Rouge, LA 70803

(225) 578-9848 rtruman@hrsa.gov

10. Inspection and Acceptance

The COR, as a duly authorized representative of the Contracting Officer, shall conduct monitoring of the contractors performance, evaluating the quality of services provided by the contractor and performing final inspections and acceptance of all deliverables.

11. Quality Assurance

The Federal Government reserves the right to obtain and review working papers from the contractor for the period beginning with the effective date of the contract through its termination. These reviews shall be conducted at the Federal Government’s discretion at either the contractor’s site or at an appropriate Federal Government facility. When reviewed at a Federal Government facility, the working papers will be sent by the contractor to the Federal Government for review and evaluation by Federal Government personnel. After completion of the review, the Federal Government may hold a conference with the contractor to discuss any issues. The Federal Government may choose to visit contractor or subcontractor site(s) during the audit to assess performance.

The contractor shall maintain an internal quality control program adequate to ensure that the requirements of this contract are met. As with the working paper review, the Federal Government reserves the right to obtain and review all working papers associated with the contractor’s internal quality control program. These reviews shall be conducted at an appropriate Federal Government facility, the working papers will be sent by the contractor to the Federal Government for review and evaluation by Federal Government personnel. After completion of the review, the Federal Government may hold a conference with the contractor to discuss any issues. The Federal Government may choose to visit contractor or subcontractor site(s) during the review to assess performance.

Schedule:

One (1) Complete Fluorescence Activated Cell Sorter or a Flow Cytometer (FACS).

One (1) Computer Workstation.

One (1) Biosafety Cabinet.

One (1) Air Compressor.

One (1) Sheath Fluid.

One (1) Kit Setup Beads.

One (1) Box of 40 Cleaning Chip.

One (1) Box of 40 Sorting Chip-100um.

Maintenance Service (See above Statement of Work, 2. General Requirements/Tasks)

Base Period (exact dates to be incorporated at time of award).

Schedule (Cont.):

Option Period One (exact dates to be incorporated at time of award).

Option Period Two (exact dates to be incorporated at time of award).

Option Period Three (exact dates to be incorporated at time of award).

Option Period Four (exact dates to be incorporated at time of award).

Total:

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

Provisions at FAR 52.212-1 (Instructions to Offerors–Commercial Items), applies to this acquisition. The following agenda also apply:

· Submit a Firm Fixed Price quote for the base period and all option periods.

· Quote shall:

· Include unit and total pricing per included schedule.

· Include detailed specifications for equipment and services to be provided.

· Include a detailed quality control program that will be utilized during performance of services.

· Resume for key personal.

· Clearly list exception(s) and rationale for the exception(s).

· Be signed by an official authorized to bind the organization to contractual awards.

· The Government intends to make award as a result of this combined synopsis/solicitation that will include the terms and conditions as set forth herein. To facilitate an award, quotes shall include a statement regarding the terms and conditions as set forth herein as follows:

a) The terms and conditions in the combined synopsis/solicitation are acceptable to be included in the award document without modification, deletion, or addition.

Or

b) The terms and conditions in the combined synopsis/solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

· One electronic quote shall be submitted via email to Charisse Whitney at cwhitney@hrsa.gov.

· This RFQ does not commit the Government to pay any cost for the preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this acquisition.

· Questions regarding this solicitation shall be submitted electronically via email to Charisse Whitney at cwhitney@hrsa.gov.

Provisions at FAR 52.212-2 (Evaluation – Commercial Items), applies to this acquisition. The following agenda also apply:

· A Lowest Price Technically Acceptable evaluation method shall be utilized for this acquisition.

Provisions at FAR 52.212-3 (Offerors Representations and Certifications–Commercial Items), applies to this acquisition. The offeror shall ensure that Representations and Certifications are complete when submitting their quote.

Provisions at FAR 52.212-4 (Contract Terms and Conditions – Commercial Items), applies to this acquisition. The following agenda also apply:

· FAR 52.202-1 Definitions

· FAR 52.203-3 Gratuities

· FAR 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government

· FAR 52.203-12 Limitation of Payments to Influence Certain Federal Transactions

· FAR 52.204-4 Printed or Copied Double Sided on Recycled Paper

· FAR 52.204-7 System for Award Management

· FAR 52.232-39 Unenforceability of Unauthorized Obligations

· FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

· FAR 52.247-34 F.O.B. Destination

· FAR 52.252-2 Clauses Incorporated By Reference

Provisions at FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statues or Executive Order – Commercial Items), applies to this acquisition. The following agenda also apply:

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved].

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219.9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (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)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

__ (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (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. 13693).

__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(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.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (48) 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).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247.64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

_X_ (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).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

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

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 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).

(xiii) 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).

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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.

FAR 52.217-8 Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

(End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)