Solicitation_-_FA812619QA001.pdf

FA812619QA001

Combined Synopsis/Solicitation

(IAW FAR 12.603)

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.

The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base, Oklahoma intends to negotiate a firm fixed price contract for one time purchase of Electrical Kits Brand Name or Equal that meet the salient physical, functional, and performance characteristics. (See provided Item Description) This solicitation is being issued as a Request for Quotation (RFQ) FA8126-19-Q-A001, for a firm fixed price type contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to award a Small Business Set-Aside contract.

Contractor is required to sign this document and return 1 copy to issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Proposal Submission Information:

Proposals are due by 23 January 2019, 3:00 PM, Tinker AFB OK Central Standard Time (CST). Contact the following individual for information regarding this solicitation:

NOTE: Emailed proposals are preferred Joseph L. Sachleben Contracting Officer joseph.sachleben.1@us.af.mil

Phone: (405) 739-2510

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. The responsible offerors must be registered in the System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM/ ). Lack of registration in SAM will qualify contractor as ineligible for award. All responsible sources may submit a proposal in response to this solicitation, which shall be considered. This solicitation is being issued as a Request for Quote (RFQ) for a firm fixed price type commercial contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to issue a Small Business Set-Aside contract for one time purchase of Electrical Kits Brand Name or Equal.

mailto:joseph.sachleben.1@us.af.mil https://www.sam.gov/portal/public/SAM/

SIGNATURE OF OFFEROR:

DATE:

REQUISITION NUMBER:

F3YCEB8313A103

SOLICITATION NUMBER

FA8126-19-Q-A001

SOLICITATION ISSUE DATE:

14 January 2019

SOLICITATION DUE DATE:

23 January 2019

THIS ACQUISITION IS:

Full and Open Competition

X Small Business Set-Aside 100%

SIZE STD:

500 employees

FEDERAL SUPPLY CLASS:

NAICS: 335999 DELIVERY:

X

SEE ITEM DESC

FOB DESTINATION

FOB ORIGIN

DPAS RATING:

METHOD OF SOLICITATION:

REQUEST FOR QUOTE

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 Kit A Square D Items IAW attached Item

Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0002 Kit B Crouse Items or Equal IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0003 Kit C Larsen Items IAW attached Item

Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0004 Kit D Legrand Items IAW attached Item

Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0005 Kit E Burndy Items or Equal IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0006 Kit F Hoffman Items or Equal IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0007 Kit G Thomas and Betts Items or Equal

IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0008 Kit H Hubbel Items or Equal IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0009 Kit I Seal Tite Conduit Items or Equal

IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0010 Kit J Bussman Fuses Items IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0011 Kit K Southwire Items or Equal IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

0012 Kit L General Electric Items IAW attached Item Description.

Product Service Code: 5999

Firm Fixed Price

1.0 Each

Description/Specifications/Statement of Work

Requirements

Electrical Kits

Statement of Requirement / Item Description/Salient Characteristics

M19-007 (ADV) 17N202 Electrical

A. SQUARE D ITEMS

1. (2ea) ACF78EC Busway End Cap

a. 3ph, 600V, 800A

b. Copper

2. (1ea) CF2520GETBMB Busway Tap Box W/Ground

a. 4 Wire, 600V, 2000A

3. (1ea) CP2520G-39TFS13B13S13 Busway Tee

a. 3ph, 600V, 800A

4. (11ea) CP2520G10ST Busway Duct W/Ground

a. 3ph, 600V, 2000A

c. 10’ Length

5. (1ea) CP2520G6ST Busway Duct w/Ground

a. 3ph, 600V, 2000A

c. 6’ Length

6. (14ea) EDB14020 Breaker

a. 1ph, 1p, 277V, 20A

7. (1ea) EDB 24020 Breaker

a. 1ph, 2p, 480V, 20A

8. (3ea) EDB 34020 Breaker

a. 3ph. 3p, 480V, 20A

9. (1ea) EDB 34030 Breaker

a. 3ph, 3p, 480V, 30A

10. (1ea) EDB 34050 Breaker

a. 3ph, 3p, 480V, 50A

11. (9ea) EGB 14020 Breaker

a. 1ph, 1p, 277V, 20A

12. (2ea) EGB 34030 Breaker

a. 3ph, 3p, 480V, 30A

13. (2ea) HDL36060C Breaker

a. 3ph, 3p, 600V, 60A

14. (1ea) HDL36125C Breaker

a. 3ph, 3p, 600V, 125A

15. (1ea) LGL36400CU31X Breaker

a. 3ph, 3p, 600V, 400A

16. (2ea) QBL32200 Breaker

a. 3ph, 3p, 240V, 200A

17. (1ea) QO240 Breaker

a. 1ph, 2p, 240V, 40A

18. (2ea) QO260 Breaker

a. 1ph, 2p, 240V, 60A

19. (1ea) QO315 Breaker

a. 3ph, 3p, 240V, 15A

20. (1ea) QO360 Breaker

a. 3ph, 3p, 240V, 60A

21. (2ea) QOB360 Breaker

a. 3ph, 3p, 240A, 60V

22. (1ea) JDL36200C Breaker

a. 3ph, 3p, 600V, 200A

23. (15ea) PQ4603G Bus Plug

a. 3ph, 4W, 600V, 30A

24. (7ea) PQ4606G Bus Plug

a. 3ph, 4W, 600V, 60A

25. (13ea) PQ4610G Bus Plug

a. 3ph, 4W, 600V, 100A

26. (3ea) PQ4620G Bus Plug

a. 3ph, 4W, 600V, 200A

27. (1ea) EX75T3H Transformer

a. 75KvA, 480D, 208Y

b. Dry Type

28. (1ea) PIU4IMA16 Bus Plug Surge Protection Device

a. 160Ka, 480Y/277V

b. 3p, 4W, W/Ground

29. (6ea) TVS2HWA50X Surge Protector

a. 50Ka, 208Y/208V

b. 3ph, 4W, W/Ground

30. (2ea) TVS4HWA50X Surge Protector

a. 50Ka, 480Y/277V

b. 3ph, 4W, W/Ground

31. (1ea) MH38 Panelboard Enclosure

a. 20” x 38” x 5.75”

32. (4ea) MH44 Panelboard Enclosure

a. 20” x 44” x 5.75”

33. (1ea) MH56 Panelboard Enclosure

a. 20” x 56” x 5.75”

34. (1ea) MH68 Panelboard Enclosure

a. 20” x 68” x 5.75”

35. (1ea) N250MJ Main Breaker Kit

a. 250A, J-Frame

36. (1ea) N400M Main Breaker Kit

a. 400A

37. (3ea) NQMB2HJ Main Breaker Kit

a. 225A, HDL

38. (1ea) NC38SHR Panelboard Cover

a. 20” x 38” Hinged

39. (4ea) NC44SHR Panelboard Cover

a. 20” x 44” Hinged

40. (1ea) NC50SHR Panelboard Cover

a. 20” x 50” Hinged

41. (1ea) NC56SHR Panelboard Cover

a. 20” x 55” Hinged

42. (1ea) NC68VSHR Panelboard Cover

a. 20” x 68” Hinged and Vented

43. (1ea) NF442L2C Panelboard Interior

a. 3ph, 4W, 480Y/277V, 250A

c. 42 CCT

44. (1ea) NF442L4C Panelboard Interior

a. 3ph, 4W, 480Y/277V, 400A

c. 42 CCT

45. (2ea) NQ430L1C Panelboard Interior

a. 3ph, 4w, 240V, 100A

c. 30 CCT

46. (2ea) NQ430L2C Panelboard Interior

a. 3ph, 4W, 240v, 225A

c. 30 CCT

47. (17ea) HF78SH Seismic Hanger

a. 11.34” x 9.74”

48. (8ea) PK27GTACU, Ground Bar Kit

a. 27 CCT

b. 400-800A

c. 14 – 4 AWG

B. CROUSE HINDS ITEMS or EQUAL

1. (4ea) HGLL8 Grounding Bushing

a. 3”, Threaded. Insulated

2. (3ea) EABY26 Conduit Body W/Cover

a. ¾”, Iron

3. (3ea) EYS2 Seal Off

4. (19ea) GUAD24 Conduit Body W/Cover

5. (2ea) GUAM24 Conduit Body W/Cover

6. (10ea) LT30045 Liquid-Tight Connector

a. 3”, 45deg, Iron

7. (5ea) RC300 Rigid Conduit Coupling

a. 3”, Galvanized

C. LARSEN ITEMS

1. (24ea) Explosion Proof High Bay LED Light

a. Part # EPL-HB-150LED-RT-140DB-1227-45K

2. (24ea) Explosion Proof High Bay LED Lens Kit

a. Part # EPL-HB-150LED-RT-188-OPQ

3. (3ea) Explosion Proof Exit Lights

a. Part # EXP-EMG-EXT-LE6-3L

D. LEGRAND ITEMS or EQUAL

1. (1ea) Fire Wall Penetration Sleeve

a. Part # 4A-FWPS-24-S6

2. (2ea) Tray to Box Connector

a. Part # 4A-TBC-24-S6

3. (20ea) Tray Splice Kit

a. Part # 4A-FSP-GE

4. (2ea) Vertical Hanger Splice Kit

a. Part # 4A-VHSP-GE

5. (8ea) Cable Tray

a. Part # 9-4A12B-S120-24

b. 24” x 10’

6. (1ea) Horizontal Elbow

a. Part # LD-4A-90HB 24-24

b. 90 Deg, 24” Radius

7. (1ea) Tray Elbow

a. Part # LD-4A-90VO24-24

8. (20ea) Overhead Clamp Kit

a. Part # OHCB38KIT

b. 3/8”

E. BURNDY ITEMS or EQUAL

1. (2ea) K2A25U Lug

a. 2 Conductor

b. 14-1/0 AWG

c. ¼” Stud

d. 1 Hole

2. (1ea) K2A29U Lug

a. 2 Conductor

b. 6AWG 250 KCMIL

c. 3/8” Stud

d. 1 Hole

3. (1ea) K3A29U2N Lug

a. 3 Conductor

b. 6AWG 250 KCMIL

c. ½” Stud

d. 2 Hole

4. (2ea) K3A2U-2 Lug

a. 3 Conductor

b. 14-2AWG

c. 15/16” Stud

d. 2 Hole

5. (2ea) KAUKIT1 Transformer Lug Kit

a. (8ea) KA2U

b. (4ea) KA29U

c. (8ea) ¼-20 x ¾” Hex Head Bolt

d. (8ea) ¼-20 Hex Head Nut

6. (1ea) KAUKIT2 Transformer Lug Kit

a. (12ea) KA29U

b. (8ea) ¼-20 x ¾” Hex Head Bolt

c. (8ea) ¼-20 x 2” Hex Head Bolt

d. (16ea) ¼-20 Hex Head Nut

F. HOFFMAN or EQUAL

1. (2ea) Pull Box

a. Part # ASE8x8x6

b. Screw Cover

c. NEMA1

d. W/Knockouts

e. Gray

2. (1ea) Pull Box

a. Part # ASE12x12x6

b. Screw Cover

c. NEMA1

d. W/Knockouts

e. Gray

G. THOMAS and BETTS or EQUAL

1. (10ea) Liquid Tight Flex Connector

a. Part # 5239

b. 3”

c. Straight

d. Non-Insulated

e. Plated Steel

H. HUBBEL or EQUAL

1. (2ea) Locking Receptacle

a. (2ea) Part # L16-30R and HBL2730

I. SEAL-TITE CONDUIT or EQUAL

1. (30’) 3” Flex Conduit

2. (10’) 2” Flex Conduit

J. BUSSMAN FUSES or EQUAL

1. (3ea) FRS-R-150

a. 150A

b. 600V

c. Blade Style

d. Time Delay

e. Dual Element

K. SOUTHWIRE or EQUAL

1. (50’) Black #2 THHN

2. (150’) 250MCM

L. GENERAL ELECTRIC (GE)

1. (1ea) NEW Buss Plug

a. Part # SB364RG

b. 200A

c. 600V

d. W/Ground

Inspection and Acceptance

0001 Inspection and Acceptance Location

Both

Destination

Instructions: Government will inspect items upon arrival.

DoDAAC: F3YCEB

Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

3001 STAFF DR DOOR G70 POST N68

AF BPN NO MILSBILLS PROCESSES

TINKER AFB, OK 73145 3303

United States

OfficeCode:

Commodites Team

Telephone: 405-582-5485

Email:

0002 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0003 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0004 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0005 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0006 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0007 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0008 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0009 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0010 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0011 Inspection and Acceptance Location

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

0012 Inspection and Acceptance Location

DunsNumber:

3001 STAFF DR DOOR G70 POST N68 AF BPN

NO MILSBILLS PROCESSES TINKER AFB, OK

73145 3303

Telephone: 405-582-5485 Email:

Deliveries or Performance

Contractor

0001 Delivery Schedule Ship To Address FoB Details

Delivery On Or Before

01 MAR 2019

Ship To

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Commodities Team

Telephone: 405-582-5485

Email:

Government

0002 Delivery Schedule Ship To Address FoB Details

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

C o m m o d i t i e s

T e a m

Teleph one:

405-

582-

Government Destination

0003 Delivery Schedule Ship To Address FoB Details

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Delivery Schedule

Ship To Address

FoB Details

Delivery On Or Before Ship To Government

01 MAR

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

0005 Delivery Schedule Ship To Address FoB Details

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

Email:

0006 Delivery Schedule Ship To Address FoB Details

DunsNumber:

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

0008 Delivery Schedule Ship To Address FoB Details

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

Email:

0009 Delivery Schedule Ship To Address FoB Details

DunsNumber:

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

0011 Delivery Schedule Ship To Address FoB Details

DunsNumber:

AF BPN NO MILSBILLS PROCESSES

Telephone: 405-582-5485

Email:

0012 Delivery Schedule Ship To Address FoB Details

DunsNumber:

Duns4Number:

CountryCode: USA

AF BPN NO MILSBILLS PROCESSES

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (JAN 2017) Alternate I

OCT 2014

52.222-25 Affirmative Action Compliance APR 1984

52.225-18 Place of Manufacture MAR 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

252.203-7003 Agency Office of the Inspector General DEC 2012

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

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.225-7020 Trade Agreements Certificate--Basic (Nov 2014) NOV 2014

252.225-7021 Trade Agreements--Basic DEC 2016

252.225-7035 Buy American--Free Trade Agreement--Balance Of Payments

Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (DEC 2016)

DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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

(a) The Government will 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 offers:

(b)

Lowest Price Technically Acceptable

Brand Name or Equal items determined technically acceptable IAW attached item description/salient characteristics

All offerors will be evaluated for technical acceptability, deemed either acceptable or unacceptable according to the salient characteristics in

Attachments 1. Only technically acceptable offers will be considered for award.

Evaluation Criteria:

1) Technical Acceptabilty

2) Price

Factors 1 and 2, when combined, are of equal importance.

(b) A written notice of award or acceptance of an 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.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by

Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41

U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(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, and Unauthorized Obligations paragraphs of this clause; (3) the clause at

52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (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; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph

(t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

https://www.acquisition.gov/

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License

Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31

U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the

EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

COMMERCIAL ITEMS (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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]

X (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns

(Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-

Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 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).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 (Jun 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-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 (Aug 2011) (E.O. 13513).

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

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

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

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

X (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(49) (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.

____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (62)(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).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY

2014) (41 U.S.C. chapter 67).

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

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 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) 52.203-19, 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(viii) 52.222-36, Equal Opportunity for…