Attachment1NationalSurveillancefinal.doc

RFQ-FDA-16-1163273

Attachment 1: National Surveillance SOW

STATEMENT OF WORK

CONTRACT NUMBER: TBD

CONTRACT TITLE: Access to National Market Share Data for Surveillance of Specific Consumer Packaged Goods in the U.S. Market

BACKGROUND

The Center for Food Safety and Applied Nutrition (CFSAN) at the U.S. Food and Drug Administration (FDA) has been accessing and using Nielsen’s ScanTrack weekly retailer scanner data to monitor market conditions and changes of the consumer packaged goods in the United States since 2003. The continuous monitoring has enhanced CFSAN’s ability to fulfill its mission of protecting and promoting public health. The availability of the data also has enabled CFSAN to conduct research and surveillance in the areas under its jurisdiction, including product labeling and ingredient safety. The latest data that CFSAN has access to ended in December 2014. It is vital for CFSAN to complete gaps in past datasets and to maintain its access to more recent data. Additional organizational information is provided in Appendix B.

STATEMENT OF NEED

CFSAN requires access to retailer scanner data from 2010, 2015, and 2016 from all outlets including Walmart and for future years for use in mission critical work and future surveillance efforts. Our past datasets consisted of categories/modules that were sent as raw files for a particular year. We are now requesting direct access to data so that we can have the most current available data. Additionally, data that are compatible with our existing scanner data are necessary to continue ongoing research projects that use data of identical characteristics and to develop new research projects. The data should also allow FDA to expand time-series research projects by implementing the same analytical approach with the most recent data.

OBJECTIVES

The objective of this acquisition is to obtain access to national supermarket sales scanner data from markets representing total U.S. The access will allow FDA to continue monitoring packaged consumer goods in the U.S. market and to enable analyses that will inform policy decisions.

SCOPE OF WORK

Task 1. National Brand Data

The Contractor shall provide direct access to national sales scanner data from markets representing the total U.S. and all retail outlets combined (i.e., Walmart, private label, food, drug, and mass merchandisers) with the ability to run reports and download data into Excel and PowerPoint for base and option years. Direct access to data should allow unlimited and concurrent access for up to 30 FDA personnel and FDA contractors and federal agency partners involved in FDA directed research projects. The available data shall include sales data of grocery stores with $2 million or above annual sales in the contiguous 48 states. At a minimum, the data shall include 2010,2015, and 2016 scanner data), with options for access to future year data over time. The data shall be comparable to the following departments and shall include Walmart, private label, food, drug, and mass merchandiser data. Additional information on subcategories falling under each category is available in Appendix C.

· DEPT-GENERAL FOOD/ DRY GROCERY DEPARTMENT (inclusive of all subcategories)

· DEPT-FROZEN/ FROZEN FOODS DEPARTMENT (inclusive of all subcategories)

· DEPT-REFRIGERATED/DAIRY, DELI, PACKAGED MEAT, FRESH PRODUCE (inclusive of all subcategories)

· DEPT-LIQUOR/ALCOHOLIC BEVERAGES

· DEPT-BEVERAGES

· DEPT-HEALTH/ DIETARY SUPPLEMENT CATEGORY within THE HEALTH AND BEAUTY DEPARTMENT (inclusive of all subcategories)

· AISLE-HEALTH REMEDIES*

· OTHER HEALTH REMEDIES

· OTHER HEALTH REMEDY TABLETS

The data shall be compatible and directly comparable to FDA’s existing time series of sales scanner company data in terms of coverage, statistical sampling and projection, grouping in department and category, and names of data characteristics. Currently, CFSAN data is from census data from retailers providing scan data for all stores with sample data from a representative sample of non-census retailers. The sample is optimized across many variables including factors such as store formats, size and age of the store, etc. The contractor shall provide consistently identified brand and manufacturer descriptions, so that the Universal Product Codes (UPCs) can easily be sorted by brand and manufacturer.

Data shall be available in a way comparable to including the product, category, subcategory, product module/department, aisle, manufacturer, brand description, and UPC level, etc. The characteristics listed below shall be provided for all DEPARTMENTS when available.

PRODUCT NAME

PRODUCT SIZE

UNIVERSAL PRODUCT CODE – 12 digit UNIVERSAL PRODUCT CODE – 13 digit

PRODUCT LEVEL/STANDARD HIERARCHY LEVEL

DEPARTMENT

CATEGORY

SUB-CATEGORY

PRODUCT MODULE/AISLEBRAND NAME/BRAND DESCRIPTION

VOLUME EQUIVALENCY DESCRIPTION

EQUIVALIZED BASE/VOLUME EQUIVALENCY VALUEHIGH BRAND (BE HIGH DESCRIPTION)/MAJOR BRAND NAME

LOW BRAND (BE LOW DESCRIPTION)/MINOR BRAND NAME

CONTAINER/PRIMARY PACKAGE GROUP

PACKAGE GENERAL SHAPE/SHAPE

PACK TYPE

PACKAGE TYPE/PACKAGE

DOLLAR VOLUME/DOLLAR SALES

UNIT VOLUME/UNIT SALES

EQUIVALENT UNIT VOLUME/VOLUME SALES

%ACV SELLING PRODUCT/ACV WEIGHTED DISTRIBUTION

AVERAGE UNIT PRICE/AVERGE PRICE PER UNIT

PRODUCT/PRODUCT TYPE

STYLE

FLAVOR

FORM

SIZE

TYPE

MARKET POSITIONING CHARACTERISTICS/NUTRITIONAL CLAIMS AND HEALTH AND WELLNESS ATTRIBUTES (e.g., whole grain, fat free, less sugar, reduced calorie, low sodium, mg sodium)

%ACV by promotion condition:

No feature or display/% ACV NO MERCHANDISING Any feature or display

Feature without display

Display without feature

Feature and display Task 2. Delivery of Database and Digital Images of Products Identified by the FDA The COR will provide a list of Universal Product Code (UPC)s (not to exceed 10,000) to the Contactor for product label collection. The Contractor shall provide to the COR for approval a draft methodology for the collection of UPCs. After COR approval of the collection methodology, the Contractor shall execute the methodology and collect product label information for all fields defined by the COR for each UPC and shall provide the data in an Excel spreadsheet (database) to the COR. The product label information shall be from the most current products available on the US market for each product. A sample of product information to be collected is as follows:

· Nutrition and Supplement Facts labels (shall be displayed in format according to 21 CFR 101.9)

· Ingredients

· Food Additives

· Price and pack size

· Number of servings per package

· Brand

· Name and place of business of manufacturer, packer, or distributor

· Warning statements/icons

· Detailed product description on packaging

· Statements/icons/signages and similar information that features the nutrition, health, organoleptic, processing, and other properties of the product (e.g., nutrient content claim languages, front-of-pack language).

· Verbatim language from product packaging (if available) The Contractor shall also obtain digital images of each product label. For each UPC, the images shall include all sides of the package (i.e., front, back, top, bottom, left, right) or all surfaces for a round or odd-shaped package. The digital images shall be full-color and have a minimum resolution of 24-bit 3,072x2,304 pixels at 1,200 DPI. Small texts on packages shall be legible. The images shall have adequate brightness to show all textual and graphical elements. The images shall be saved in .JPG files with designated product identification numbers in the filename. The Contractor shall assign each product image an identification number, with food category identified. The codes for food categories will be negotiated and agreed upon by both the Contractor and the COR. The Contractor shall carry out quality control of the images for their legibility, accuracy, and completeness. The quality control procedures should be specified in the final work plan.

The Contractor shall develop a prototype of the database for one product category and deliver the prototype, together with associated digital images, for the COR’s approval within three (3) weeks from completion of acquiring digital images of products.

Task 3. Delivery of Documentation

The Contractor shall provide FDA with documentation on the following: 1) market coverage and source data details for each year of data, including information on sampling methodology, how data was projected, and changes in store participation/cooperation, 2) information on how to appropriately work with differences in data availability between comparison years, including applying techniques for trend analyses, 3) documentation on any abbreviations or acronyms used in the dataset, and 4) description of the product/ image collection procedures, the database development procedure, including definitions of fields included in the database (e.g. date collected, location) and what they fully represent, the layout of the database, and quality-control procedures. The contractor shall provide the documentation in Word format.

Task 4. Customer/Technical Support

The Contractor shall provide customer support to FDA staff for the full term of the contract. Support shall include access to an account representative for correspondence and general questions during business hours (7AM to 6PM). Additionally, access to technical support for questions related to analyzing the data shall be available (from 7AM to 6PM).

Task 5. Training

The Contractor shall provide access to training for 10 staff (FDA, contractors, federal partners) through the year, which will relate to performing analysis using sales scanner data. The training can be a mix of virtual and in person training depending on the client need.

Task 6. Reporting The contractor shall provide reports on a monthly basis summarizing any correspondence with FDA staff and also at the time of each deliverable delivery date. The Contractor shall provide monthly status reports on all awarded tasks and their progress to the Task Order COR. Within the first 30 days after contract award, the Contractor will design and the COR shall approve a standard reporting format and proposed level of detail for the content that includes the following information at a minimum:

• Status and progress of tasks;

• Usage statistics for databases and other resources

• Usage statistics of technical support feature by FDA staff

• Technical issues reported by FDA

• Significant risks to scheduled deliverables and plans to mitigate them;

• Progress against task order service level metrics; and,

• Financial status report including pricing variances

DELIVERABLES

Table 1. Project Milestones and Completion Dates (including additional dates for option year data)

Delivery Date

August 15, 2016 and November 15, 2016

DATABASE USERS

The data shall be available for use by FDA personnel, FDA contractors and federal agency partners involved in FDA directed research projects and by those who purchase licenses to the data.

Contractor and federal agency partner personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and information systems.

The contractor agrees that contractor and federal agency partner personnel will not divulge or release data or information developed or obtained in connection with the performance of the resulting contract, unless made public by FDA or upon written approval of the Government.

PUBLIC DISCLOSURE

The Government may be required to share data or information it obtains under this contract with Congress, with a Federal court, or with another governmental body of competent jurisdiction. If the Government intends to share data or information obtained under this contract with Congress, with a Federal court, or with another governmental body of competent jurisdiction, the Government will take appropriate measures within its control in an effort to ensure that the information will be shared in a manner intended to protect the information from public disclosure.

The Contractor shall assure the protection of the information and data they receive under this contract from unauthorized use or disclosure, and must treat the information as confidential or otherwise privileged.

CONTRACT TYPE AND PERIOD OF PERFORMANCE

The Period of Performance is for a 12-month Base Period.

Contract Year

Base year – August 1, 2016 – July 30, 2017

PLACE OF PERFORMANCE

All work to produce deliverables shall be performed at the Contractor’s site. Training will occur virtually through the year with the option for on-site training at the FDA offices in College Park, Maryland. Specific College Park meeting locations will depend on the business need and will be specified by the Contracting Officer’s Representative.

CONTRACT TYPE

The contract type is firm fixed price.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

Agencies shall prepare and submit all past performance evaluations electronically in the CPARS at http://www.cpars.gov/ . These evaluations, including any contractor-submitted information (with indication whether agency review is pending), are automatically transmitted to PPIRS at http://www.ppirs.gov not later than 14 days after the date on which the contractor is notified of the evaluation’s availability for comment. The Government shall update PPIRS with any contractor comments provided after 14 days, as well as any subsequent agency review of comments received. Past performance evaluations for classified contracts and special access programs shall not be reported in CPARS, but will be reported as stated in this subpart and in accordance with agency procedures. Agencies shall ensure that appropriate management and technical controls are in place to ensure that only authorized personnel have access to the data and the information safeguarded in accordance with 42.1503(d).

HHSAR CLAUSES

INCORPORATED BY REFERENCE (IBR)

352.203-70 - Anti-Lobbying (December 2015)

352.208-70 – Printing and Duplication (December 2015)

352.222-70 - Contractor Cooperation in Equal Employment Opportunity Investigations (December 2015) 352.239-73 Electronic Information and Technology Accessibility (December 2015)

FULL TEXT

Section 508 of the Rehabilitation Act

352.239-74 - Electronic and Information Technology Accessibility (Dec 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

§ 1194.22 Web-based intranet and internet information and applications.

§ 1194.41 Information, documentation, and support.

52.212-4

– Contract Terms and Conditions --- Commercial Items (May 2015)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

___ (5) [Reserved]

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

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

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

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business 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.

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

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

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

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

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

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

_X__ (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 (Jul 2014) (29 U.S.C. 793).

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

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

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

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

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

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

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

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

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

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

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

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

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

__X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

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

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

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

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

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

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

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

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

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

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

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

(e)

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause) 52.227-14 Rights in Data – General –Alternate II (Dec 2007) 52.217-8 -- Option to Extend Services (Nov 1999)

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

(End of Clause)