RFQ_N62271-18-Q-_1102.docx
DOCX document 53 KB Posted
- Solicitation number
- N6227118Q1102
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
N62271-18-Q-1102 April 2, 2018
REQUEST FOR QUOTE N62271-18-Q-1102
This Request for Quote (RFQ), N62271-18-Q-1102, is prepared in accordance with the format in FAR 13 and supplemented with additional information included in this notice. This RFQ intends to result in a Firm Fixed Price (FFP) Purchase Order.
The Naval Postgraduate School has a requirement, to be provided by one vendor, for continuous central station monitoring for its gas monitoring system. NPS also requires a semiannual maintenance/calibration services for thirteen (13) toxic and flammable gas sensors as well and an annual functional test to ensure the detection systems maintain required performance and reporting to Monterey Fire Department. The award will be evaluated on a technically-acceptable-lowest-price basis. The NAICS associated with this purchase is 541990 standard size $15,000,000.00. This is an open market requirement, which has been set aside for a small business.
Schedule of Services
| CLIN |
| Description |
| QTY |
| Unit of Measure |
| Unit Price |
| Total Price |
Calibration and Testing of Existing Gas Distribution Monitoring System as described in the Statement Work below.
Lot
Total Price
Performance Based Statement of Work Toxic Gas Sensor Calibration and Testing
GSEAS
Naval Postgraduate School
1.0 Background/Introduction: Naval Postgraduate School (NPS) requires continuous central station monitoring for its gas monitoring system. It also requires a semiannual maintenance/calibration services for thirteen (13) toxic and flammable gas sensors as well and an annual functional test to ensure the detection systems maintain required performance and reporting to Monterey Fire Department.
2.0 Scope: NPS requires continuous monitoring of its Sierra Monitor Corp. Gas Detection Monitor Controller (Sentry 5000 IT Controller) gas monitoring system as well as periodic calibration of the Riken Keiki Gas Detector Model GD-70 gas sensors. NPS will also require a yearly functional test of the detection system.
3.0 Tasks:
The contractor shall perform the following task(s):
3.1 Provide continuous Central Station Monitoring for the Sierra Monitor Corp. Gas Detection Monitor Controller (Sentry 5000 IT Controller) gas monitoring system
3.2 Provide Semiannual Riken Keiki Gas Detector Model GD-70 Gas Sensor calibration
3.3 Perform two calibrations on thirteen toxic and flammable gas detection sensors on six month intervals to include:
3.3.1.1 Inspect sensors for physical damage and proper operation
3.3.1.2 Verify controller alarm levels and associated settings
3.3.1.3 Inspect sensors for expired media, contamination and estimate remaining life
3.3.1.4 Replace expired inline filters prior to each calibration
3.3.1.5 Calibrate sensors using representative gas samples
3.3.1.6 Label sensor/detection points and controller for positive identification
3.3.1.7 Provide Field calibration report with pre-findings and post settings for all sensors
3.4 Provide annual detection system functional test to include:
3.4.1 Show representative gas samples to each sensor and activate low and high alarms
3.4.2 Activate alarms at the seismic switch, pull stations, fire alarm, and photohelic pressure switches for the exhaust to verify global shutdown of gas cabinets
3.4.3 Verify gas cabinets shutdown upon alarm
3.4.4 Verify horn/strobes and annunciation devices activate upon alarm
3.4.5 Verify alarm signals, types and descriptions are being seen by 24 hour monitoring company
3.4.6 Supply Performance Test Matrix Report for HAZMAT Inspector Use/Verification
4.0 Deliverables:
The contractor shall be responsible for providing the following deliverables:
4.1 Field calibration report with pre-findings and post settings for all sensors
4.2 Performance Test Matrix Report for HAZMAT Inspector Use/Verification
Performance Measurement - Quality Assurance Plan
| Task |
| Deliverable that will be inspected |
| Acceptable Quality Level (AQL) |
| Method |
| Frequency |
3.3
4.1 Field calibration report with pre-findings and post settings for all sensors
Pre-findings and Post findings addressed for all thirteen toxic and flammable gas sensors
100% Inspection of Deliverables
Semi annual
| 3.4 |
| 4.3 Performance Test Matrix Report for HAZMAT Inspector Use/Verification |
Functional test conducted and results documented per the test matrix
100% Inspection of Deliverables
Annually
If performance falls below the AQL defined above, the Contracting Officer’s Representative (COR) shall document the instance(s), coordinate with the Contracting Officer and advise the Contractor. The Contractor will be requested to review the documentation and provide a written response on how performance will be corrected in the future. Re-performance of any work for failure to perform in accordance with the specified AQL or task requirement shall be completed at the Contractor’s own expense and at no additional cost to the Government.
5.0 Minimum Technical Requirements:
The service provider must provide documentation that they are certified/credentialed to monitor and service the below equipment, in accordance with manufacturer’s specifications.
Equipment includes:
1. Sierra Monitor Corp. Gas Detection Monitor Controller (Sentry 5000 IT Controller) gas monitoring system
2. Riken Keiki Gas Detector Model GD-70 Gas Sensor
6.0 Period of Performance:
Base Year: Continuous Monitoring for the entire year. Initial semiannual Gas Sensor Calibration 30 days after contract award to be coordinated with the COR. Annual system functional test to be completed 11 months after contract award to be coordinated with the COR
Option Year 1: Continuous Monitoring for the entire year. Initial semiannual Gas Sensor Calibration 30 days after option execution to be coordinated with the COR. Annual system functional test to be completed 11 months after option execution to be coordinated with the COR
Option Year 2: Continuous Monitoring for the entire year. Initial semiannual Gas Sensor Calibration 30 days after option execution to be coordinated with the COR. Annual system functional test to be completed 11 months after option execution to be coordinated with the COR
Option Year 3: Continuous Monitoring for the entire year. Initial semiannual Gas Sensor Calibration 30 days after option execution to be coordinated with the COR. Annual system functional test to be completed 11 months after option execution to be coordinated with the COR
Option Year 4: Continuous Monitoring for the entire year. Initial semiannual Gas Sensor Calibration 30 days after option execution to be coordinated with the COR. Annual system functional test to be completed 11 months after option execution to be coordinated with the COR
7.0 Place of Performance: Naval Postgraduate School
8.0 Government Furnished Property:
8.1 The COR will provide access to the Gas Monitoring System
9.0 Work Week and Hours of Operation:
The Contractor shall provide services during normal working hours excluding federal holidays. Normal working hours are 0730-1630, Monday through Friday, unless requirements dictate otherwise. Exceptions can be permitted by the COR upon request and at the COR’s discretion.
Following is a list of holidays observed by the Government.
| Name of Holiday | Time of Observance | ||
| New Year’s Day | 1 January | ||
| Martin Luther King Jr. Day | Third Monday in January | ||
| President's Day | Third Monday in February | ||
| Memorial Day | Last Monday in May | ||
| Independence Day | 4 July | ||
| Labor Day | First Monday in September | ||
| Columbus Day | Second Monday in October | ||
| Veteran's Day | 11 November | ||
| Thanksgiving Day | Fourth Thursday in November | ||
| Christmas Day | 25 December |
If any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity
10.0 Travel: N/A
11.0 Transition Activities:
It is essential to the Government that services required under this PWS are performed without interruption. At the conclusion of any performance period, including option periods or extensions, the services provided under this PWS may be awarded to another contractor. The contractor in place shall be required to assist in the transition activities.
12.0 Security Requirements: N/A
13.0 Human Subject Research: N/A
14.0 Privacy Act Statement:
“Pursuant to Title 5 United States Code 552a(m)(l), the contractor and all employees of the contractor working under this contract are required to comply with the requirements of 5 U.S.C. 552a (“The Privacy Act of 1974”).”
15.0 Identification of Contractor Employees:
In accordance with DFAR 211.106, there shall be a clear distinction between Government employees and service contractor employees. Service contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel. Contractor personnel will be required to obtain and wear badges or other visible identification for meetings with Government personnel to provide a clear distinction between service contractor employees and Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.
16.0 Non-Personal Services Statement:
Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will insure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.
17.0 SUPTXT 204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (Jan 2017)
Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.
APPLICABILITY
This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.
Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.
ACCESS TO FEDERAL FACILITIES
Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.
ACCESS TO DOD IT SYSTEMS
In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.
Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation, which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.
Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor.”
The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.
When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
INTERIM ACCESS
The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.
DENIAL OR TERMINATION OF ACCESS
The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.
CONTRACTOR’S SECURITY REPRESENTATIVE
The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.
BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:
· SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)
· Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)
· Original Signed Release Statements
Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.
The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.
If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.
BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc.) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:
· Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and
· Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.
To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:
· SF-85 Questionnaire for Non-Sensitive Positions
· Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)
· Original Signed Release Statements
The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM
Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.
* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.
Service Location Naval Postgraduate School Monterey, CA 93940 Attn: Doug Seivwright KFS 74571
Procedures in FAR 13.106 are applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors. A combination of price and Minimal Technical Requirements/Salient Characteristics as in the above Statement of Requirements, delivery date, a determination of responsibility, on a technically acceptable lowest price basis.
System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.
INSTRUCTIONS FOR SUBMISSION OF QUOTATION:
The technical quote shall be submitted no later than 11:00 AM PST 04/13/2018 and shall be valid for 30 days.
Quote Submission: Shall include all line items, power sources operating accessories, and anticipated shipping date.
Contractors are encouraged to include any Federal and/or Educational discounts
Include all warranty information, terms and conditions and anticipated lead time and delivery date. Quoted items must include all power sources and note items needed to operate the equipment.
Shipping Include any applicable customs and shipping fees Vendor must take the responsibility for all customs clearances in order for the required units to arrive at the delivery locations and not be held due to customs issues. FBO shipping required
Submit Quotes via E Mail to the below:
Julie Rips Contract Specialist 831-656-3580 jrrips@nps.edu
PAPERLESS CONTRACTING:
All contractual documents (i.e. contracts, purchase orders, task orders, delivery orders and modifications) related to the instant procurement are considered to be "issued" by the government when copies are either deposited in the mail, transmitted by facsimile, or sent by other electronic commerce methods, such as email. The government's acceptance of the contractor's proposal constitutes bilateral agreement to "issue" contractual documents as detailed herein.
| 52.204-99 |
| System for Award Management Registration |
| AUG 2012 |
| 52.209-6 |
| Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.212-1 |
| Instructions to Offerors - Commercial Items |
| 52.212-4 |
| Contract Terms and Conditions- Commercial Items |
| JUN 2010 |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items |
| MAR 2011 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.213-2 |
| Invoices |
| APR 1984 |
| 52.213-3 |
| Notice to Supplier |
| APR 1984 |
| 52.222-19 |
| Child Labor--Cooperation with Authorities and Remedies |
| MAR 2012 |
| 52.222-21 |
| Prohibition of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-36 |
| Affirmative Action for Workers w/ Disabilities |
| OCT 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.223-18 |
| Encouraging Contractor Policies to Ban Text Messaging while Driving |
| AUG 2011 |
| 52.225-13 |
| Restriction on Foreign Purchases |
| JUN 2008 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law For Breach Of Contract Claim |
| OCT 2004 |
| 52.243-1 |
| Changes—Fixed Price |
| AUG 1987 |
| 52.249-1 |
| Termination For Convenience Of The Government (Fixed Price) (Short Form) |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DOD Officials |
| SEP 2011 |
| 252.204-7003 |
| Control of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 |
| System for Award Management |
| MAY 2013 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.204-7015 |
| Disclosure of Information to Litigation Support Contractors |
| FEB 2014 |
| 252.225-7000 |
| Buy American Act – Balance of Payments Program Certificate |
| JUN 2012 |
| 252.225-7001 |
| Buy American Act and Balance of Payments Program |
| DEC 2012 |
| 252.225-7002 |
| Qualifying Country Sources as Subcontractors |
| DEC 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 525.212-7001 (Dev) |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation) |
| DEC 2010 |
| 232.7002(a)(2) |
| GWPC is used method of payment, only submission of receiving report in electronic form is required |
| JUL 2014 |
| 52.217-9 |
| Option to Extend the Term of the Contract |
| MAR 2000 |
CLAUSES INCORPORATED BY REFERENCE
The following FAR / DFAR clauses are incorporated by reference:
All clauses shall be incorporated by reference in the order. Additional contract terms and conditions applicable to this procurement are:
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/comp/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfars/ (End of clause)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Mar 2012) (DEVIATION)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities
(ix) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 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)
For EIT requirements include the following language unless an exception applies:
This procurement is for Electronic and Information Technology (EIT). Effective June 25, 2001, the Federal government implemented Section 508 of the Rehabilitation Act of 1973, Amendments of 1998 (29 U.S.C. S 794(d)). Section 508 requires that the federal government only acquire electronic and information technology goods and services that provide for access by persons with disabilities. Therefore, to the extent supplies and services are available in the commercial marketplace, the contractor is required to meet the relevant accessibility standards contained in 36 C.F.R. Part 1194 (Subpart B). For further information see http://www.section508.gov.
File details come from the government source that posted it.