George_H_W._Bush_Presidential_Library_ _Museum_-_Enclosures.docx

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Soft Wash Cleaning at the George H. W, Bush Presidential Library and Museum
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NAMA-17-Q-0013
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ENCLOSURE 1

SCHEDULE OF PRICES

1. SERVICES TO BE FURNISHED:

(a) The purpose of this purchase order is to acquire Soft Wash Cleaning services at the George H.W. Bush Truman Presidential Library. All work must be performed under the terms and conditions of this purchase order as either Fixed Price (FP).

(i) Fixed Price (FP). The Vendor is required to furnish all the work that can be identified in advance, both in sufficient detail and quantities, and for which a fair and reasonable price can be obtained. The fixed prices must include the fully burdened cost for delivering the services in accordance with the requirements of this RFQ. All work in the Statement of Work (SOW) is considered fixed price work.

CLIN

Description
Qty
Unit
Fixed Unit Price
Total Price
0001
Provide Soft Wash Cleaning Services at the George H.W. Bush Presidential Library in accordance with the SOW.
1
LOT
$________

TOTAL ORDER PRICE:

ENCLOSURE 2

STATEMENT OF WORK

FOR

SOFTWASH CLEANING OF GEORGE H. W. BUSH LIBRARY & MUSEUM

1.0 Introduction: The George Bush Presidential Library and Museum is located on a ninety-acre site on the West Campus of Texas A&M University. The Library and Museum is situated on a plaza adjoining the Presidential Conference Center and the Texas A&M Academic Center. It operates under the administration of the National Archives and Records Administration (NARA) under the provisions of the Presidential Libraries Act of 1955.

1.1 Scope of Work: The contractor shall furnish all labor, materials, equipment and tools necessary to perform to the Owner's satisfaction the soft wash chemical cleaning of all areas listed below on the subject buildings below.

1.2 Areas to be Cleaned/Restored:

A. All exterior walls B. All limestone caps, bands and sills.

C. Handicap ramps connected to buildings D. All steps entering buildings E. All decorative walls adjoining buildings F. All retaining walls adjoining buildings G. All columns H. All entrances and over-hangs I. Receiving docks all pits and steps J. HVAC walls

1.3 Place of Performance:

George HW Bush Library and Museum (+/- 110,000 sq ft)

1.4 Library Business Hours: The Presidential Library staff’s working hours are 7:00 AM to 5:00 PM. Monday through Friday, excluding Federal holidays. However, the building is occupied 24 hours a day, including weekends and holidays by security personnel.

1.5 Contractor Requirements: The Contractor is to safely remove all biological growth i.e. algae, lichen, fungus, phosphorescence, metal stains, dirt or clay stains as well as industrial and environmental pollutants. This shall be accomplished by applying safe approved chemistry to surfaces with approved applicators using a process not to exceed 50 PSI, and then rinsing the same surface with water using approved applicator providing no more than 250 PSI at anytime on any point. Chemicals must be pleasant or unoffending to the senses and safe to the environment. Sound levels must not be obtrusive. At all times care will be taken to protect pedestrians from harm and inconvenience. Starting and stopping times for work shall be at the clients discretion (note: after business hours work will be required).The main priority being, safety. The end result will be a clean streak free surface leaving no residue of biological growth, pollutants and or chemicals. All windows, doors, metal panels and electrical devices, shall remain unchanged and undamaged. The Contractor shall dispose of all residues and other work-related refuse from the jobsite at his expense following all local rules, codes and regulations. Damage to landscaping and grounds must be addressed and corrected accordingly. Contractor must have sufficient equipment, supervision and manpower to finish each project on a timely basis and within the clients time allotment.

Note: Because of past experience, with high pressure cleaning systems causing damage and providing marginal results, traditional high pressure cleaning equipment and systems are not acceptable. In order to assure the Client that no more than 300 psi is being used to rinse surfaces, contractor must furnish a quick connect pressure gauge to facilities representative. This tool will become clients property and may be used at any time representative chooses to inspect the rinsing process. In addition no hose or hoses being used on the application or rinsing pumps may be rated for more than 600 psi.

1.6 Materials Selection: All materials selected for the work shall bear the approval of the Owner's on Site representative. MSDS information must be furnished and maintained at the worksite.

1.7 Technical Proposal

1.7.1 The Contractor shall provide detailed outline of process, application, equipment they intend to use including scaffolding, man lifts and Chemicals. MSDS sheets to be included on all chemicals to be used.

1.7.2 The Contractor shall provide detailed outline of projected start-up, schedule of work and completion of subject structures.

ENCLOSURE 3

PURCHASE ORDER ADMINISTRATION

1. VENDOR RESPONSIBILITY

The Vendor is responsible for the day-to-day inspection and monitoring of the Vendor work performed to ensure compliance with purchase order requirements. The results of all the Vendor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the purchase order.

2. GOVERNMENT PURCHASE ORDER ADMINISTRATION

(a) This purchase order will be administered by:

National Archives and Records Administration Office of the Chief Acquisition Officer, Code Z 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001

(b) Purchase order Administration:

Linda Dabney, Contracting Specialist (CS) Telephone: 301-837-0518

The Contracting Officer (CO) has the overall responsibility for the administration of this FSS order. Written communication to the Contract Specialist (CS) must make reference to the FSS order number and must be mailed, postage prepaid, to the above address.

(c) Contracting Officer (CO)

Any BCN Warranted Contracting Officer (CO)

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the purchase order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from purchase order payments for non-performance or unsatisfactory performance; terminate the purchase order for convenience or default; and issue final decisions regarding purchase order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

3. DESIGNATION POINT OF CONTACT (POC)

a.COR: TBD
Phone: TBD
E-Mail: TBD

b. The individual named above is designated as the NARA POC to assist the Contract Specialist (CO) in the discharge of the CO’s responsibilities. The POC is responsible for monitoring, giving progress reports to the CO, and overall technical surveillance of services to be performed under this purchase order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the purchase order between the Vendor and any person other than the CO be effective or binding upon the Government.

c. When, in the opinion of the Vendor, the POC requests effort outside the existing scope of the purchase order, the Vendor must promptly notify the CO in writing.

d. No action will be taken by the Vendor under such technical instruction unless the CO has issued a contractual change.

e. The responsibilities of the POC include, but are not limited to, the following:

(1) Serve as the point-of-contact through which the Vendor can relay questions or problems of a technical nature to the CS and the CO;

(2) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Vendor in accordance with the terms and conditions of this purchase order;

(3) Confer with representatives of the Vendor regarding any non-performance or unsatisfactory performance; following through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS and the CO;

(4) Review and certify invoices in accordance with invoicing instructions of the purchase order. Maintain a file with copies of these documents;

(5) Review and evaluate Vendor’s cost estimates, furnish comments, and recommendations to the CS and the CO;

(6) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues;

(7) Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Vendor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; and

8) Submit a written evaluation to the CS and the CO within 60 days of purchase order completion or annually on the anniversary for purchase orders that include options. The evaluation must include:

(i) The quality and timeliness of the Vendor’s performance; and

(ii) A statement as to the uses made of any deliverables furnished by the Vendor.

f. In addition to the specific duties as listed above, you are also responsible for knowing the employment status of the Vendor’s employees working at the George H.W. Bush Presidential Library & Museum. When you are notified that the Vendor’s employee is leaving the purchase order or the work site has changed, you must notify BX of the new status. You should also ensure that the Vendor’s employee returns the NARA issued identification when they no longer need access to the buildings. Your signature is required on the Vendor’s Identification Card Authorization in order for the Vendor’s employee to be issued a NARA identification badge and a proximity card. An identification badge a proximity card will not be issued without a signed Authorization that includes an expiration date. Please refer to NARA Directive 275 for more information on Vendor’s employees’ identification badge issuance.

4. INVOICE SUBMISSION REQUIREMENTS (IPP)

A. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

B. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7.

C. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to AccountsPayable@fiscal.treasury.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats.

D. The contractor's invoice shall include the following information and/or attached documentation:

1. Name of the business concern and invoice date;

2. The complete contract number and/or delivery/task order number preceded by the letters NAMA;

3. Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number (s);

4. Payment Terms;

5. DUNS number;

6. Taxpayer's Identification Number (TIN);

7. Government Fund Cite; and (8) Government Organization ordering the items E. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract.

F. All invoices will be paid using information from the System for Award Management (SAM). Therefore, payment will be made to the EFT information that matches the DUNS number for this award.

G. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7.

5. FINAL PAYMENT

Before final NARA payment is made, the Vendor must furnish to the CO a written release of all claims against the Government arising by virtue of the purchase order, other than claims in stated amounts as may be specifically excluded by the Vendor from the operation of the release. If the Vendor’s claim to amounts payable under the purchase order has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the purchase order is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.

ENCLOSURE 4

FAR CLAUSES

1. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 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.] ___ (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 2016) (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637 (d)(4)).

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

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

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

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

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

___ (19) 52.219-14, Limitations on Subcontracting (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)).

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

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

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

X___ (28) 52.222-26, Equal Opportunity (Sep 2016) (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).

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

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

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

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

___ (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 Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

X___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

X___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (48) (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.

___ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (50) 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).

___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X___ (56) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (60) (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.] X___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X___ (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).

X___ (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).

X___ (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).

X___ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

(xix) 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.

(xx) 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)

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