Combined Synopsis-Solicitation_HT941022Q2001_PsychiatryOnline Subscription_FINAL_09152022.pdf

NOTICE TO CONTRACTOR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is HT9410-22-Q- 2001. It is issued as a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 and DFARS Change Notice 20220623. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at https://acquisition.gov/far/index.html. The North American Industry Classification System (NAICS) Code for this acquisition is 519130. The size standard is 1,000 employees.

The Defense Health Agency Contracting Activity (DHACA), Western Markets Contracting Division (WMCD) is issuing an RFQ on behalf of the Department of Defense and the Military Health System (MHS). The Government intends to solicit and contract with only one source, American Psychiatric Association Publishing, for the PsychiatryOnline Premium Clinical Support Services Subscription Services including The Journal FOCUS with required Continuing Medical Education (CME) with Vendor Support under the authority of FAR 13.106-1(b)(1)(i) on a sole source. This notice is not a request for competitive quotes. Determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation will be posted to the System for Award Management (SAM) at https://sam.gov and/or Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil.

https://acquisition.gov/far/index.html https://sam.gov/ https://piee.eb.mil/

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job PsychiatryOnline Premium – US Navy Subscription

FFP

PsychiatryOnline Premium – Navy Subscription POP: 30 September 2022 – 29 September 2023 FOB: Destination

PSC: R605

NET AMT

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Navy

Subscription

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Navy Subscription POP: 30 September 2022 – 29 September 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job PsychiatryOnline Premium – US Army Subscription

FFP

PsychiatryOnline Premium – US Army Subscription POP: 30 September 2022 – 29 September 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job Focus – The Journal of Lifelong Learning in Psychiatry - US Army

Subscription

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Army Subscription POP: 30 September 2022 – 29 September 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job PsychiatryOnline Premium - US Air Force Subscription

FFP

PsychiatryOnline Premium - US Air Force Subscription Subscription POP: 30 September 2022 – 29 September 2023

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force

Subscription

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force Subscription POP: 30 September 2022 – 29 September 2023

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Job FOCUS CME – (up to 300 individuals Total MHS-wide)

FFP

FOCUS CME – (up to 300 individuals Total MHS-wide) POP: 30 September 2022 – 29 September 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Job PsychiatryOnline Premium – US Navy Subscription – Option Year 1

FFP

PsychiatryOnline Premium – Navy Subscription POP: 30 September 2023 – 29 September 2024

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Navy

Subscription Option Year 1

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Navy Subscription POP: 30 September 2023 – 29 September 2024

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 1 Job PsychiatryOnline Premium – US Army Subscription – Option Year 1

FFP

PsychiatryOnline Premium – US Army Subscription POP: 30 September 2023 – 29 September 2024

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 1 Job Focus – The Journal of Lifelong Learning in Psychiatry - US Army

Subscription Option Year 1

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Army Subscription POP: 30 September 2023 – 29 September 2024

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 1 Job PsychiatryOnline Premium - US Air Force Subscription – Option Year 1

FFP

PsychiatryOnline Premium - US Air Force Subscription Subscription POP: 30 September 2023 – 29 September 2024

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force

Subscription – Option Year 1

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force Subscription POP: 30 September 2023 – 29 September 2024

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1007 1 Job FOCUS CME – (up to 300 individuals Total MHS-wide) – Option Year 1

FFP

FOCUS CME – (up to 300 individuals Total MHS-wide) POP: 30 September 2023 – 29 September 2024

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 1 Job PsychiatryOnline Premium – US Navy Subscription – Option Year 2

FFP

PsychiatryOnline Premium – Navy Subscription POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

2002 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Navy

Subscription Option Year 2

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Navy Subscription POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 1 Job PsychiatryOnline Premium – US Army Subscription – Option Year 2

FFP

PsychiatryOnline Premium – US Army Subscription POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 1 Job Focus – The Journal of Lifelong Learning in Psychiatry - US Army

Subscription Option Year 2

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Army Subscription POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2005 1 Job PsychiatryOnline Premium - US Air Force Subscription – Option Year 2

FFP

PsychiatryOnline Premium - US Air Force Subscription Subscription POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force

Subscription – Option Year 2

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force Subscription POP: 30 September 2024 – 29 September 2025

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2007 1 Job FOCUS CME – (up to 300 individuals Total MHS-wide) – Option Year 2

FFP

FOCUS CME – (up to 300 individuals Total MHS-wide) POP: 30 September 2024 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 1 Job PsychiatryOnline Premium – US Navy Subscription – Option Year 3

FFP

PsychiatryOnline Premium – Navy Subscription POP: 30 September 2025 – 29 September 2026

3002 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Navy

Subscription Option Year 3

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Navy Subscription POP: 30 September 2025 – 29 September 2026

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 1 Job PsychiatryOnline Premium – US Army Subscription – Option Year 3

FFP

PsychiatryOnline Premium – US Army Subscription POP: 30 September 2025 – 29 September 2026

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 1 Job Focus – The Journal of Lifelong Learning in Psychiatry - US Army

Subscription Option Year 3

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Army Subscription POP: 30 September 2025 – 29 September 2026

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 1 Job PsychiatryOnline Premium - US Air Force Subscription – Option Year 3

FFP

PsychiatryOnline Premium - US Air Force Subscription Subscription POP: 30 September 2025 – 29 September 2026

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force

Subscription – Option Year 3

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force Subscription POP: 30 September 2025 – 29 September 2026

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3007 1 Job FOCUS CME – (up to 300 individuals Total MHS-wide) – Option Year 3

FFP

FOCUS CME – (up to 300 individuals Total MHS-wide) POP: 30 September 2026 – 29 September 2025

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 1 Job PsychiatryOnline Premium – US Navy Subscription – Option Year 4

FFP

PsychiatryOnline Premium – Navy Subscription POP: 30 September 2026 – 29 September 2027

4002 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Navy

Subscription Option Year 4

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Navy Subscription POP: 30 September 2026 – 29 September 2027

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 1 Job PsychiatryOnline Premium – US Army Subscription – Option Year 4

FFP

PsychiatryOnline Premium – US Army Subscription POP: 30 September 2026 – 29 September 2027

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 1 Job Focus – The Journal of Lifelong Learning in Psychiatry - US Army

Subscription Option Year 4

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Army Subscription POP: 30 September 2026 – 29 September 2027

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 1 Job PsychiatryOnline Premium - US Air Force Subscription – Option Year 4

FFP

PsychiatryOnline Premium - US Air Force Subscription Subscription POP: 30 September 2026 – 29 September 2027

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 1 Job Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force

Subscription – Option Year 4

FFP

Focus – The Journal of Lifelong Learning in Psychiatry – US Air Force Subscription POP: 30 September 2026 – 29 September 2027

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4007 1 Job FOCUS CME – (up to 300 individuals Total MHS-wide) – Option Year 4

FFP

FOCUS CME – (up to 300 individuals Total MHS-wide) POP: 30 September 2026 – 29 September 2027

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

ALL CLINs N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A DEFENSE HEALTH AGENCY – J-

6/SDD

DHA J-6 SDD

3130 GENERAL HUDNELL DR

SAN ANTONIO, TX 78226-1802

FOB: DESTINATION

HT0039

0002 POP 30-SEP-2022 TO

29-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2022 TO

29-SEP-2023

0004 POP 30-SEP-2022 TO

29-SEP-2023

0005 POP 30-SEP-2022 TO

29-SEP-2023

0006 POP 30-SEP-2022 TO

29-SEP-2023

0007 POP 30-SEP-2022 TO

29-SEP-2023

1001 POP 30-SEP-2023 TO

29-SEP-2024

1002 POP 30-SEP-2023 TO

29-SEP-2024

1003 POP 30-SEP-2023 TO

29-SEP-2024

1004 POP 30-SEP-2023 TO

29-SEP-2024

1005 POP 30-SEP-2023 TO

29-SEP-2024

1006 POP 30-SEP-2023 TO

29-SEP-2024

1007 POP 30-SEP-2023 TO

29-SEP-2024

2001 POP 30-SEP-2024 TO

29-SEP-2025

2002 POP 30-SEP-2024 TO

29-SEP-2025

2003 POP 30-SEP-2024 TO

29-SEP-2025

2004 POP 30-SEP-2024 TO

29-SEP-2025

2005 POP 30-SEP-2024 TO

29-SEP-2025

2006 POP 30-SEP-2024 TO

29-SEP-2025

2007 POP 30-SEP-2024 TO

29-SEP-2025

3001 POP 30-SEP-2025 TO

29-SEP-2026

3002 POP 30-SEP-2025 TO

29-SEP-2026

3003 POP 30-SEP-2025 TO

29-SEP-2026

3004 POP 30-SEP-2025 TO

29-SEP-2026

3005 POP 30-SEP-2025 TO

29-SEP-2026

3007 POP 30-SEP-2025 TO

29-SEP-2026

4001 POP 30-SEP-2026 TO

29-SEP-2027

4002 POP 30-SEP-2026 TO

29-SEP-2027

4003 POP 30-SEP-2026 TO

29-SEP-2027

4004 POP 30-SEP-2026 TO

29-SEP-2027

4005 POP 30-SEP-2026 TO

29-SEP-2027

4006 POP 30-SEP-2026 TO

29-SEP-2027

4007 POP 30-SEP-2026 TO

29-SEP-2027

This acquisition incorporates by reference the following FAR provisions and clauses:

52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services— Representation

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-3 Offeror Representation and Certifications – Commercial

Items (Contractor shall include a completed copy of 52.212-3 and its ALT I with proposals, or alternatively, the provision can also be submitted at https://www.sam.gov)

MAY 2022

52.212-4 Contract Terms and Conditions – Commercial items JAN 2022 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan NOV 2021 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

FEB 2021

52.223-4 Recovered Material Certification (Provision) MAY 2008 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 https://www.sam.gov/

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.204-7004 Level I Antiterrorism Awareness Training for Contractors

FEB 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2019

252.204-7015 Disclosure of Information to Litigation Support Contractors

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment Or Services—Representation

DEC 2019

252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services— Representation

MAY 2021

252.204-7018

252.204-7019 252.204-7020

Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services Notice of NIST SP 800-171 DoD Assessment Requirements NIST SP 800-171 DoD Requirements

JAN 2021

MAR 2022

MAR 2022

252.211-7003 252.215-7008

Item Unique Identification and Valuation Only One Offer

MAR 202

JUL 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for

Federal Contractors Deviation 2021-O0009, Revision (1)

252.225-7001 Buy American and Balance of Payments Program JUN 2022 252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic (OCT 2015) MAR 2022 252.225-7036 Buy American—Free Trade Agreements--Balance of

Payments Program—Basic

JUN 2022

252.225-7974 Representation Regarding Business Operations with the Maduro Regime

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006 Wide Area Workflow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business

Subcontractors—Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7010 252.239-7098

Cloud Computing Services Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites – Representation

OCT 2016

APR 2021

(DEV

2021O-0003)

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019 DHA PGI 224.1-90 Protection of Privacy and Freedom Information OCT 2020

The following provisions and clauses incorporated by full text apply to the solicitation:

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION - COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror Sole

Source/Brand Name 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 evaluated offers: Technical Approach, Key Personnel, Past Performance, and Price. Factor 1, Factor 2, and Factor 3, when combined, are more important than Factor 4, Price.

Technical and past performance, when combined, are approximately equal to cost or price.

FACTOR 1: Technical Approach: Defined as the ability of the products to meet the salient characteristics needed in accordance with the Performance Work Statement (PWS). Contractor to demonstrate a clear understanding of all the tasks and how the approach is likely to yield the required results within the required timeframe. Demonstrate the methodology and flexibility that will be used in accomplishing any resultant award. Demonstrate an overall ability to perform the specific tasks as defined in the PWS.

FACTOR 2: Key Personnel: 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 CO. 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. The contract manager or alternate shall be available between 7:00 a.m. to 5.00 p.m. CST, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate

The vendor shall submit detail resumes for the proposed Contract Manager and Alternate Contract Manager which shall provide sufficient and verifiable document of experience in direct support of this effort. Information supplied shall at a minimum cover the Subscription Services requirement with an additional 10 years of related experience per the table below which is the minimum essential requirement.

The Contract Manager and Alternate shall meet or exceed the requirement listed below. See the Contract Manager and Alternate Manager Experience Table below:

Contract Manager and Alternate Manager Experience Table

Experience Unit Contract Manager

Alternate Contract Manager

Subscription Services Years 15 10 Education Requirements:

mathematical, engineering, and/or quantitative analysis courses

Minimum Semester

Hours 24 24

Cost analysis experience Minimum

Years 10 5 Familiarity with DOD Data Sources (e.g. cost and data reporting requirements)

Minimum Years 8 5

Familiarity with Industry Data Sources and Reporting Standards requirements

Minimum Years 5 5

FACTOR 3: Past Performance; the offeror shall submit no more than five (5) past performance references as part of the past performance submittal. A past performance shall consist of a Task Order or stand-alone contract for a Government or commercial client. All past performance references submitted by the offeror shall be submitted in the past performance volume and will be identified on the project summary sheet, Enclosure (a), Project Summary Sheet. For Past Performance, the Government will assess the offeror’s present and past performance records that meet the recency and relevancy criteria. To be recent, the effort must be ongoing or must have been performed within the past three (3) years from the date of issuance of this RFQ. The project summary sheet must contain contract numbers, descriptions of work, periods of performance and points of contact emails and phone numbers. The Government reserves the right to use both information provided in the offeror’s past performance submittals and information obtained from all and other sources available to the Government, to include, but not limited to, FAPISS, eSRS, CPARS and other databases; interviews with Program Managers, Contracting Officers and commercial sources and/or non-Government sources, such as any commercial business or customers referenced by the offeror in any of the past performance disclosed.

FACTOR 4: Price: Offeror shall submit pricing for all contract line numbers identified in the RFQ in the form of a pricing worksheet. See Attachment 9 – PWS CLIN Schedule. Other than Certified Cost or Pricing Data may be required.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise option(s).

(c) A written notice of award or acceptance of offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C.

657a).

X_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C.

637(m)).

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

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).

X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

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

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

X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

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

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

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

X_ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. 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 (Nov 2021) ( 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor…