Flu 22-23 SPE2DP21R0131.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000121886

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE2DP-21-R-0131

5. SOLICITATION NUMBER

2021 JUL 01

6. SOLICITATION ISSUE

DATE

John Garbarino DJG0042

a. NAME

Phone: 215-737-3123

b. TELEPHONE NUMBER (No Collect calls)

2021 AUG 02

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE2DP

DLA TROOP SUPPORT

MEDICAL SUPPLY CHAIN PHARM FSA

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

339112NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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CONTINUED ON NEXT PAGE

SPE2DP-21-R-0131

Form

Standard Element has no Title

Table of Contents Page

Continuation of Blocks from the Standard Form 1449 4 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 4 Block 17b, Remittance Address 4 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 4 Specifications 7

Caution Notices Contractor Code of Business Ethics 12

Contract Clauses 52.212-4 Contract Terms and Conditions --Commercial Items (by reference, 12 see SF 1449, Block 27a) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or 12

Executive Orders --Commercial Items Addendum Containing Supplementary Clauses in Full Text and by Reference 19 252.232-7006 Wide Area Workflow Payment Instructions 19 52.252-2 Clauses Incorporated by Reference 20 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 20 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government 20 of a County that is a State Spondor of Terrorism 252.225-7002 Qualifying Country Sources as Subcontractors 20 52.232-17 Interest 20 52.242-13 Bankruptcy 20 52.242-15 Stop Work Order 20 Contract Documents, Exhibits or Attachments

Solicitation Provisions 52.212-1 Instructions to Offerors --Commercial Items 20 Addendum to 52.212-1 24 52.212-2 Evaluation --Commercial Items 25 Addendum to 52.212-2 26 52.212-3 Offeror Representations and Certifications --Commercial Items, Alternate I 27 Addendum Containing Supplementary Provisions in Full Text and by Reference 44 52.204-24 Representation regarding certain telecommunications and video surveillance 44 services or equipment 52.215-20 Requirements for certified cost or pricing data and data other than certified 46 cost and pricing data 52.216-1 Type of Contract 49 52.229-11 Tax on Certain Foreign Procurements 50 52.252-1 Solicitation Provisions Incorporated by Reference 51 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 51 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or 51

Transactions Relating to Iran Procurement Notes

L06 Agency Protests 51 Additional Clauses as Applicable 55

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 59 PAGES

SPE2DP-21-R-0131

Form (CONTINUED)

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: ___2021 AUGUST 02 03:00 PM____________

2. Block 9

**ATTENTION: Due to current events, at this time and until further notice, proposals shall but submitted electronically via DIBBS. For any questions or concerns on how to upload proposals to DIBBS please contact the contracting officer (Theresa.Rucci@dla.mil) or contract specialist (John.Garbarino@dla.mil).

3. Block 17a › Offeror's assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror's assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit:

SCHEDULE OF SUPPLIES

Schedule of SUPPLIES (Blocks 19-24 cont'd)

Annual requirements are estimated at 3,400,000 doses. The Government reserves the right to award all or some of the following line items. The Government also reserves the right to make split awards for all or some of the listed items.

ITEM NO. DESCRIPTION

0001 INFLUENZA VIRUS VACCINE,

TRIVALENT OR QUADRIVALENT,

MULTI-DOSE VIAL, FOR AGES 18 YEARS AND OLDER

ANNUAL ESTIMATED QUANTITY: 39,000 Vials (or 390,000 doses)

UNIT: VI (Vial)

UNIT PRICE: $__________/Vial (Price shall be F.O.B. destination and

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SPE2DP-21-R-0131

Form (CONTINUED) exclusive of federal excise tax)

TOTAL: $__________

0002 INFLUENZA VIRUS VACCINE,

TRIVALENT OR QUADRIVALENT,

PRE-FILLED SYRINGES, PACKAGES OF 10,

FOR AGES 18 YEARS AND OLDER

ANNUAL ESTIMATED QUANTITY: 75,000 Packages of 10 (750,000 doses)

UNIT: PG (Package of 10 pre-filled syringes)

UNIT PRICE: $__________/PG (Price shall be F.O.B. destination and

0003 INFLUENZA VIRUS VACCINE,

QUADRIVALENT ONLY

MULTI-DOSE VIAL, FOR AGES 36 MONTHS AND OLDER

ANNUAL ESTIMATED QUANTITY: 59,000 Vials (or 590,000 doses)

UNIT: VI (Vial)

UNIT PRICE: $__________/Vial (Price shall be F.O.B. destination and exclusive of federal excise tax)

0004 INFLUENZA VIRUS VACCINE,

QUADRIVALENT ONLY

FOR AGES 36 MONTHS AND OLDER

ANNUAL ESTIMATED QUANTITY: 140,000 Packages of 10 (or 1,400,000 doses)

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Form (CONTINUED)

UNIT PRICE: $__________/PG (Price shall be F.O.B. destination and exclusive of federal excise tax)

0005 INFLUENZA VIRUS VACCINE,

TRIVALENT OR QUADRIVALENT,

FOR AGES 6 MONTHS TO 35 MONTHS (PEDIATRIC)

ANNUAL ESTIMATED QUANTITY: 19,000 Packages of 10 (190,000 doses)

UNIT PRICE: $__________/PG (Price shall be F.O.B. destination and

0006 INFLUENZA VIRUS VACCINE,

TRIVALENT OR QUADRIVALENT,

PRE-FILLED SYRINGES, PACKAGES OF 10,

FOR AGES 65 YEARS AND OLDER

(Formulated and licensed specifically for adults aged 65 and older)

ANNUAL ESTIMATED QUANTITY: 8,000 Packages of 10 (80,000 doses)

UNIT PRICE: $__________/PG (Price shall be F.O.B. destination and

GUARANTEED MINIMUM:

Any resultant contract will have a guaranteed minimum. The guaranteed minimum will be 75% of the estimated annual amount. For example, if the estimated annual amount of all awarded Contract Line Item Numbers (CLINs) is 50,000 units, then the Government guarantees that during the duration of the contract, at least 37,500 units, or the

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SPE2DP-21-R-0131

Form (CONTINUED) dollar value associated with the cost of 37,500 units, will be ordered during the contract.

ANNUAL MAXIMUM QUANTITY:

The resultant contract will include an annual maximum quantity, which addresses the Government's concern for continued item availability in the event of unforecasted demands. The annual maximum quantity will be set at 150% of the annual estimated quantity for each CLIN. The Government acknowledges that any order for quantities in excess of the annual estimate may only be filled if such additional vaccine is available from the contractor.

FEDERAL EXCISE TAX

Each awarded line of Flu Vaccine will be awarded with a separate corresponding line indicating the Federal Excise Tax of $0.75 per dose. The price offered on the Flu Vaccine lines shall not include the tax.

DELIVERY:

40% by August 12, 2022 25% by August 26, 2022 25% by September 09, 2022 Residual 10% by September 23, 2022

The above delivery schedule is the preferred delivery schedule. Alternate delivery schedules will be considered and will not be considered an exception to the solicitation requirements. Accelerated deliveries are permitted at any time.

The Delivery Schedule shall apply to the estimated annual quantity. Deliveries of quantities in excess of the estimated annual quantity (if available) shall be in accordance with a mutually agreed delivery schedule between the Government and the Contractor.

SHIP-TO LOCATION:

DLA Distribution Susquehanna PA Bldg. 89 Ave U Door 6 Attn: James Earp New Cumberland, PA 17070

FOB: DESTINATION

INSPECTION/ACCEPTANCE: DESTINATION

PRODUCT RETURNS:

Product is acceptable on a non-returnable basis; however, the Government shall retain all rights with regard to non-conforming vaccine, which may be returned or replaced at contractor's expense.

SPECIFICATIONS

ITEM IDENTIFICATION: INFLUENZA VIRUS VACCINE, USP

SCOPE. This specification covers the requirement of an Influenza Virus Vaccine, USP with variety of virus strains, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 59 PAGES

SPE2DP-21-R-0131

Form (CONTINUED) presentations and sizes. The products are an annual vaccination using a vaccine specific for a given year and recommended by the CDC Advisory Committee on Immunization Practices (ACIP) to protect against the highly variable influenza virus.

SALIENT CHARACTERISTICS.

Indication and Usage. Shall be Influenza Virus Vaccine, in accordance with the requirements of the USP.

Shall be a Trivalent or Quadrivalent Vaccine, except where “Quadrivalent only” is indicated in the Schedule of Supplies; suitable for intramuscular administration. The vaccine formula shall meet the minimum formula for the 2022 - 2023 Influenza Vaccine season as determined by the FDA's Vaccines and Related Biological Products Advisory Committee.

Shall be FDA approved and ACIP recommended for immunizing patients, at the minimum ages indicated for each line item in the Schedule of Supplies.

Dose Presentations, Sizes and Age Indication. Shall be presented in either multi-dose vials (MDV) or single-dose, pre-filled syringe (PFS) presentations; as indicated in the each line item in the Schedule of Supplies. Multi-dose presentations shall contain a minimum of 5 ML vaccine, sufficient for administering a minimum of 10 doses. Each single dose, pre-filled syringe presentation shall include one dose suitable for juveniles or adults, or one dose suitable for pediatric users (age 6 months to 35 months). The vaccine presented in single-dose, pre-filled syringe presentations shall be free of thimerosal or other preservatives.

Perishable Medical Material. Perishable medical material includes both cold chain management and routine temperature-sensitive items. Perishable items requiring chill or freeze temperatures shall be properly packaged in accordance with DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208, or, as an alternate, in accordance with acceptable commercial practice. When specified in the contract/purchase order and/or SOW, perishable items requiring constant refrigeration shall be properly packaged and marked in accordance with cold chain management protocols. In addition to all applicable regulatory requirements and markings specified in the contract/purchase order and/or SOW, perishable medical material shall be marked as specified in Medical Marking Standard No. 1C.

Packaging and Storage. Keep temperature sensitive products requiring refrigeration temperatures between 2° C to 8° C (36o F- 46o F) within these temperature ranges during transportation, for up to 72 hours. No EXCURSIONS are acceptable. Protect from light. DO NOT FREEZE.

The contractor shall provide the Government with either product stability information to be used as part of the Government's disposition decision, or provide a point of contact who will review each excursion forwarded to them by the Government, and provide the Government disposition. Disposition will then be provided to the end customer by the Government. If end customers contact the contractor directly with temperature questions regarding the product (i.e. temperature monitoring device questions, refrigerator malfunctions, etc.), the contractor will provide the Government documentation of the call and outcome.

The minimum acceptable stability allowance is 48 hours.

For information regarding cold chain management protocols, including availability of updated requirements, contact DLA Troop Support via email at DSCPcoldchain@dla.mil.

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Form (CONTINUED)

Expiration Date. Shall not be later than 18 months after date of issue from manufacturer's cold storage (5o, 1 year).

Labeling. The label on each unit of Influenza Virus Vaccine, USP shall bear the full prescribing information.

Workmanship. The Influenza Virus Vaccine, USP shall be free from defect that detract from its appearance or impair its serviceability.

Unit. Vial (VI) or Package (PG). One vial containing a minimum of 10 doses, as specified, constitutes one (1) unit. One package containing 10 single-dose presentations, as specified, constitutes one (1) unit.

REGULATORY REQUIREMENTS.

Federal Food, Drug, and Cosmetic Act. If the product covered by this document has been determined by the U.S. Food and Drug Administration to be under its jurisdiction, the offeror/ contractor shall comply, and be responsible for compliance by its subcontractors/suppliers, with the requirements of the Federal Food, Drug and Cosmetic Act, as amended, and regulations promulgated thereunder. In addition, the offeror/contractor shall comply, and be responsible for compliance by its subcontractors/suppliers, with the requirements of all other applicable Federal, State, and local statutes, ordinances, and regulations.

Recovered Materials. The offeror/contractor is encouraged to use recovered materials in accordance with the Federal Acquisition Regulation (FAR) Subpart 23.403 to the maximum extent practical.

QUALITY ASSURANCE PROVISIONS.

Contractor Certification. The contractor shall certify and maintain substantiating evidence that the product offered meets the salient characteristics listed above, and that the product conforms to the producers' own drawings, specifications, standards, and quality assurance practices, and is the same product offered for sale in the commercial market-place. The government reserves the right to require proof of such conformance prior to first delivery and thereafter as may be otherwise provided for under the provisions of the contract.

Responsibility for Inspection. Unless otherwise specified in the contract or purchase order, the contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract or purchase order, the contractor may use his own or any facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to perform any of the inspections set forth in the specification where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

Records. Records of examinations and tests performed by or for the contractor shall be maintained by the contractor and made available to the Government upon the Government's request, at any time, or from time to time, during the performance of the contract and for a period of three years after delivery of the supplies to which such records relate.

Inspection. Inspection, as used herein, is defined as both examination (such as visual or auditory investigation without the use of special laboratory appliances or procedures) and testing (determination by technical means of physical and chemical properties) of the item.

Examination and Testing. Examination and testing shall be conducted on the product in accordance with

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Form (CONTINUED) commercial practice. The sampling for examination and testing shall be in accordance with commercial practice.

Metric Products. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units. Dimensions and tolerances specified shall be converted using conversion tables contained in the latest revision of ASTM E 380.

Other Quality Assurance Provisions. Shall be as indicated in the contract/purchase order and/or SOW.

PREPARATION FOR DELIVERY.

Preservation. Preservation shall be commercial, as specified in the contract or purchase order.

Unit. Each unit, as specified in this specification; shall be supplied in a suitable sealed commercial container.

Packing. Packing shall be commercial, as specified in the contract or purchase order.

Commercial. Exterior (shipping) container shall contain one unit.

Unitization. Material shall be unitized on 4-way entry pallets as specified in the contract or purchase order.

Packing list. Packing list shall be supplied as specified in Medical Marking Standard No. 1C.

Labeling and Marking. Marking requirements, Medical material shall be marked in English as specified herein and in the applicable contract or purchase order. Required markings may include identification data, bar codes, destination address, shelf life, lot (control) number, storage legends, markings for items requiring special handling (i.e., perishable items, controlled items, hazardous items, etc.) and shall be supplied as applicable. Markings include, but are not limited to, the following:

Unit Pack. Each unit pack shall be marked in accordance with commercial practice. In addition to the requirements specified in the latest revision of Medical Marking Standard No. 1C (MMS1C), mark each unit pack with lot number, contractor cage code, manufacturer's cage code and part number. Markings may be supplied by any suitable means, i.e., printed directly on the bag, printed on a pressure-sensitive label permanently affixed to the bag, or printed on a sheet of paper inserted into the bag prior to closing.

Intermediate Package. Each intermediate package shall be marked as specified in Medical Marking Standard No. 1C.

Exterior (shipping) Container. Each exterior (shipping) container shall be marked as specified in Medical Marking Standard No. 1C.

Unitized Load. Each unitized load shall be marked as specified in Medical Marking Standard No. 1C.

Other Required Markings. Other required markings shall be as specified in Medical Marking Standard No. 1C.

They shall be supplied as applicable. Markings include, but are not limited to, the following:

Shelf Life Markings. Shelf-life markings shall be supplied as specified in the contract or purchase order. Shelf life markings may include the expiration date, date of manufacture, inspection/test date, etc., as applicable.

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Form (CONTINUED)

Material requiring special handling marking and/or storage legends. In addition to applicable commercial markings, and all markings as specified in the contract/purchase order and/or SOW, special handling and/or storage legends shall be supplied on the unit, intermediate package, exterior (shipping) container and unitized load, as applicable, and may consist of printed legends and/or pictorial markings. Placement shall not interfere with or obscure any other markings.

Perishable medical material. Perishable medical material includes both cold chain management and routine temperature-sensitive items. Perishable items requiring chill or freeze temperatures shall be properly packaged in accordance with DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208, or, as an alternate, in accordance with acceptable commercial practice. When specified in the contract/purchase order and/or SOW, perishable items requiring constant refrigeration shall be properly packaged and marked in accordance with cold chain management protocols. In addition to all applicable regulatory requirements and markings specified in the contract/purchase order and/or SOW, perishable medical material shall be marked as follows:

Cold chain management items.

(a) Marking requirements. Shipments of FSC 6505 Vaccines and other designated items requiring compliance with specialized cold chain management protocols shall be marked in accordance with regulatory requirements and as specified in the applicable protocol. Markings shall include “ARROW” and “FRAGILE” markings, as applicable. Protocols are available in DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208. Protocols may also be available in the contract/purchase order and/or SOW. Protocols are subject to change periodically. For information regarding protocols, including availability of updated requirements, contact DLA Troop Support via email at DSCPcoldchain@dla.mil.

(b) Temperature monitor. Temperature Monitors. Temperature monitoring devices will be provided by the Government to the Contractor at no cost to the Contractor. In order to monitor the temperature ranges during transit, the contractor is required to place one temperature monitor into 5 randomly chosen boxes for each full truck-load shipment to each requested destination (2 monitors will be required for less than a full truck-load). The contractor shall place an “X” or some other identifying mark on the boxes containing the monitors to alert the receiving depot to their location. When small parcel carriers are used (e.g. FedEx), 1 temperature monitor per box will be required. Any shipment of any size that is delivered to the Government without temperature monitors will be rejected and returned to the contractor at contractor's expense, or disposed of at the direction of the contractor.

NOTES.

The following documents are available from the following link:

- Medical Marking Standard No. 1C.

COPIES OF MEDICAL MARKING STANDARD NO. 1

(MMS NO. 1) MAY BE OBTAINED BY CONTACTING DLA

TROOP SUPPORT VIA EMAIL TO DSCP.PACKAGING@DLA.MIL.

MMS NO. 1 IS ALSO AVAILABLE ONLINE AT:

http://www.dla.mil/LandandMaritime/Offers/Services/

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TechnicalSupport/Logistics/Packaging/MedicalPack1.aspx

- DLA Troop Support Requirements for Temperature Monitoring Devices.

- Packing Protocols for Temperature Sensitive Medical Products requiring Storage and Transportation Temperatures between 2°C - 8°C (36°F - 46°F).

Content Inquiries: DSCPcoldchain@dla.mil

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.

html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(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 https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html

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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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 89(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, 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:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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 (JUN 2020) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.

657a).

_____ (ii) Alternate I (MAR 2020) of 52.219-3.

__X_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_____ (ii) Alternate I (MAR 2020) of 52.219-4.

___ (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

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_ 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 (JUN 2020) (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 (JUN 2020) of 52.219-9 ___ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__X_ (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 (MAR 2020) (15 U.S.C. 657f).

__X_ (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C.

637(m)).

_X__(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__X__(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X__ (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (JAN 2020) (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 (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (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 (Jun 2016) (E.O. 13693).

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://acquisition.gov/far/52.222-21 https://acquisition.gov/far/52.222-26 https://acquisition.gov/far/52.222-26 https://acquisition.gov/far/52.222-35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://acquisition.gov/far/52.222-35 https://acquisition.gov/far/52.222-36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://acquisition.gov/far/52.222-36 https://acquisition.gov/far/52.222-37 http://uscode.house.gov
/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://acquisition.gov/far/52.222-40 https://acquisition.gov/far/52.222-40 https://acquisition.gov/far/52.222-50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-54 https://acquisition.gov/far/52.222-54 https://acquisition.gov/far/22.1803 https://acquisition.gov/far/52.223-9 https://acquisition.gov/far/52.223-9 http://uscode.house.gov/browse.xhtml;js
essionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.223-9 http://uscode
.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.223-11 https://acquisition.gov/far/52.223-11

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__ (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).

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

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (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 (JAN 2021) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (JAN 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.

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

_X_ (51) 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).

__ (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 (NOV 2007) (42 U.S.

C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.

C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (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 (OCT

2018) (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).

_X_ (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 (Feb 2006) (46 U.S.

https://acquisition.gov/far/52.223-12 https://acquisition.gov/far/52.223-12 https://acquisition.gov/far/52.223-13 https://acquisition.gov/far/52.223-13 https://acquisition.gov/far/52.223-13 https://acquisition.gov/far/52.223-14 https://acquisition.gov/far/52.223-14 https://acquisition.gov/far/52.223-15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.223-16 https://acquisition.gov/far/52.223-16 https://acquisition.gov/far/52.223-16 https://acquisition.gov/far/52.223-18 https://acquisition.gov/far/52.223-18 https://acquisition.gov/far/52.223-20 https://acquisition.gov/far/52.223-21 https://acquisition.gov/far/52.224-3 https://acquisition.gov/far/52.224-3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.225-3 https://acquisition.gov/far/52.225-3 https://acquisition.gov/far/52.225-3 https://acquisition.gov/far/52.225-3 https://acquisition.gov/far/52.225-3 https://acquisition.gov/far/52.225-5 http://uscode.house.gov/view.xhtml?req=gra
nuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3
301&num=0&edition=prelim https://acquisition.gov/far/52.225-13 https://acquisition.gov/far/52.225-13 https://acquisition.gov/far/52.225-26 https://acquisition.gov/far/52.225-26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.226-4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.226-5 https://acquisition.gov/far/52.226-5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.229-12 https://acquisition.gov/far/52.232-29 https://acquisition.gov/far/52.232-29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.232-30 https://acquisition.gov/far/52.232-30 http://uscode.house.gov/
browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.232-33 https://acquisition.gov/far/52.232-33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://acquisition.gov/far/52.232-34 https://acquisition.gov/far/52.232-34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.232-36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.239-1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://acquisition.gov/far/52.242-5 file:///http:
//uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.247-64 https://acquisition.gov/far/52.247-64 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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) 52.222-41, 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 Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.247-64 https://acquisition.gov/far/52.247-64 https://acquisition.gov/far/52.222-41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-44 http://uscod
e.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-53 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/52.222-55 https://acquisition.gov/far/52.222-62 https://acquisition.gov/far/52.226-6 http://uscode.house.gov/browse
.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse
.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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 (JUN 2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 $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.

(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 Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiii) __X__ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(x…