Combined_Synopsis_Solicitation_-_RFQ_75N95019Q00155.pdf

COMBINED SYNOPSIS / SOLICITATION

NON-COMPETITIVE

Title: Two BlueWashers and Accessories Manufactured by BlueCatBio MA, Inc.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 75N95019Q00155 and the solicitation is issued as a request for quotation (RFQ).

This acquisition is for a commercial item and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12— Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION

TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR

OPEN COMPETITION.

The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA), on behalf of the National Center for Advancing Translational Sciences (NCATS), intends to negotiate and award a purchase order without providing for full and open competition for two BlueWashers and Accessories manufactured by BlueCatBio MA, Inc. This acquisition is limited to BlueCatBio MA, Inc.

This acquisition is conducted as non-competitive for a commercial item or service and is conducted pursuant to FAR Subpart 13.106-1(b)—Soliciting from a single source.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-101, dated January 22, 2019.

(iv) The associated NAICS code is 334516 and the small business size standard is 1,000 employees.

This requirement is limited to BlueCatBio MA, Inc. There are no Small Business set-aside restrictions.

Description

(v) The National Center for Advancing Translational Sciences (NCATS) at the National Institues of Health (NIH) seeks to purchase two BlueWashers and Accessories manufactured by BlueCatBio MA, Inc.

See the attached Purchase Description for additional information.

(vi) Delivery is to occur within forty-five days after receipt of order and be made at:

National Center for the Advancing of Translational Sciences

9800 Medical Center Drive Rockville, MD 20850

(vii) The Government plans to award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations:

Technical Capability and Price.

(viii) The anticipated award date is Friday, May 10, 2019.

Provisions and Clauses

(ix) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998).

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov.

The following provisions apply to this acquisition and are incorporated by reference:

• The provision at FAR 52.204-7, System for Award Management (Oct 2018)

• The provision at FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul

2016)

• The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018)

• The provision at 52.212-3, Offeror Representations and Certifications—Commercial Items (Oct

2018) http://www.acquisition.gov/

(x) The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov.

In addition to the clauses checked in FAR 52.212-5 (attached), the following clauses also apply to this acquisition and are incorporated by reference:

• The clause at FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

• The clause at FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul

2016)

• The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

• The clause at HHSAR 352.222-70, Contractor Cooperation in Equal Employement Opportunity

Investigations (December 18, 2015)

(xi) The following provisions and clauses apply to this acquisition and are attached in full text:

• Addendum to the clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

• The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Jan 2019)

• NIH Invoice and Payment Provisions (2/2014)

(xii) There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

(xiii) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(xiv) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include:

unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, product or catalog number(s); product description; what the warranty covers; and any other information or factors that may be considered in the award decision. Such factors may include: past performance; special features required for effective program performance; trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; maintenance availability; and environmental and energy efficiency considerations.

The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active http://www.acquisition.gov/ registration in the System for Award Management (SAM) www.sam.gov.”

All responses must be received by 12:00pm EDT on Friday, May 10, 2019, and reference solicitation number 75N95019Q00155. Responses may be submitted electronically to Jeffrey Schmidt, Contracting Officer, at jeffrey.schmidt@nih.gov.

Fax responses will not be accepted.

(xv) The name and telephone number of the individual to contact for information regarding the solicitation is Jeffrey Schmidt, Contracting Officer, 301-402-1488, jeffrey.schmidt@nih.gov.

(xvi) All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency.

http://www.sam.gov/

PURCHASE DESCRIPTION

1. Statement of Need and Purpose:

Acquisition of two (2) automated, centrifugation-based BlueWashers from BlueCatBio for use to reduce noise in phenotypic screens.

2. Background Information and Objective:

The National Center for Advancing Translational Sciences (NCATS), Tox21 and TRND programs have a need for an automated, centrifugation-based plate washer with dispenser system from BlueCatBio. This instrument will enable NCATS researchers to gently wash microplates using centrifugation, which will greatly increase the throughput of ELISA based assays, and other assays that require multiple wash steps.

Centrifugation allows for a contact-free and complete removal of liquid from the well without disrupting adherent cells.

High-throughput screening projects require the washing of 384- and 1536-well microplates. Currently, two of our labs only have aspirator-type washers to perform this function. Using an aspirator-type washer is a tedious procedure, and each wash step can introduce a degree of error into the assay, due to variable volumes removed from wells. Also, some cells do not tolerate the agitation of multiple dispense/aspiration steps, so cells can be lost from wells in cell-based assays.

One of NCATS’ goals is to develop methods that advance the science of High throughput screening and informatics by addressing the high incidence of false-positives in target discovery. To this end, it is imperative that errors are minimized. The BlueWasher will reduce noise in many phenotypic screens NCATS is running as part of their research screenings.

4. Purchase Description:

The following items shall be delivered in one shipment within 45 days after receipt of order:

Line Product Description Order Number

Qty

1 BlueWasher2017 Automated, centrifugation-based plate dryer & media changer, software licenses for graphical user interface (GUI) and firmware (FW) with updates for 12 months, gravity based liquid waste handling, dispenser option for 96, 384, and 1536 well plates from up to 7 liquid input channels, 1573-L 2 standard carrier pair, power and USB cables

2 Control Laptop Win10

Notebook, Windows 10, pre-configured with BlueWasher GUI and WinSCP

1576-US 2

3 Dispenser, slanted Factory-installed mounting kit for slanted dispenser

2DISAS 2

4 Dispenser System, 8 pin, adjustable pressure with magnetic quick swap

Dispenser System for 96 well MTP with magnetic quick swap attachment, first liquid input, 2m tube with GL 45 cap for customer supplied bottle with adjustable pressure dispenser pump to reduce pressure down to approximately 35% in 5 levels, command controlled and updated GUI interface

2DISMAG8AP 2

5 Spare Dispenser Comb, 16 pin with magnetic quick swap

Spare 16-pin dispenser comb with magnetic quick swap attachment for 384 well MTP

2SDCMAG16 2

6 Dispenser Package

Package to enable BlueWasher2016 or higher for dispensing into 1536 well-MTPS.

Includes hardware, firmware and GUI to support 1536 dispensing.

Suitable for field upgrade.

1575 2

7 Spare Dispenser Comb, 32 pin with magnetic quick swap

Spare 32-pin dispenser comb with magnetic quick swap attachment for 1536 well MTP

2SDCMAG32 2

8 Additional liquid input channel

Additional liquid input channel with 2m tube with GL 45 cap for customer supplied bottle up to 7 total (BlueWasher2016 or higher)

2INP1 12

9 12 Month Limited Warranty

12 Month limited warranty from invoice date: parts and labor, 5 day turn-around plus transit time for repair or loaner unit FOB Boston or Bayreuth/ GER (120h)

3SW120 2

10 Half year cleaning & maintenance pack (passive drain)

Cleaning solutions for approximately one-half year of daily BlueWasher usage based on

2HYCMPPD 2

recommended 2x / day running of QuickClean, 2x / week running of IntenseClean. Contains 5 bottles (~ 250 applications) of BlueDaily Cleaning solution, 1 bottle (~ 50 applications) of BlueIntense Cleaning solution

11 Shipping and Handling BlueWasher or BlueBench

Flat charge per BlueWasher or BlueBench for delivery within USA or EU; for US, includes transatlantic shipping from BlueCatBio GER to US office, duties, import fees, shipping crate and US delivery via Fedex Express Saver.

12 Shipping and Handling Half Year Maintenance Pack

Flat charge per pack of bulk reagents for delivery within USA or EU; for US, includes transatlantic shipping from BlueCatBio GER to US office, duties, import fees, shipping crate and US delivery via FedEx Ground.

13 Carrier, GNF h14.5 Set of 2 carriers for 14.5 mm plate (height of a standard 96/384-well plate) with front opening for GNF grippers.

2CGNF14 1

14 Carrier, GNF, h8 Set of 2 plate carriers for 8 mm thin 1536 plate with front opening for GNF grippers.

2CGNF8 1

Addendum to FAR 52.212-4 Terms and Conditions – Commercial Items

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(w) Commercial supplier agreements–unenforceable clauses.

(1) Definition. For the purpose of this contract, “Commercial supplier agreements” (referred to at FAR 12.216 as “Supplier License Agreements”) means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

Solicitation No. 75N95019Q00136

(2) When any supply or service acquired under this contract is subject to a commercial supplier agreement, and notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement.

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph 52.212-4(d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(3) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

(End of clause)

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

ITEMS (May 2019)

(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) 52.204-23, 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).

(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section743 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)).

(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.]

(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 and 108-78 (19 U.S.C.

3805 note)).

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FAC 52.212-5 as of FAC 2019-02 (5/6/2019) Edited 5/6/2019

Invoice and Payment Provisions (2/2014) The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR

32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract

Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

Solicitation No. 75N95019Q00136

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

(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.

212-5(e) text: (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing…