SOW-RFQ3793113.docx

STATEMENT OF WORK (SOW)

Service Contract for the TIRF Microscope, Manufactured by Carl Zeiss Microscopy, Inc.

SCOPE

Under this task order, the contractor will independently provide repair and preventative maintenance (PM) services to satisfy the overall operational objectives of the Laboratory of Molecular Genetics. The primary objective is to provide a service contract with PM services for the TIRF microscope.

ORGANIZATION

Laboratory of Molecular Genetics (LMG) Section on Human Genetics (SHG) National Institute of Deafness and Other Communication Disorders (NIDCD) National Institutes of Health (NIH) 35A Convent Drive, room 1F-141 Bethesda, MD 20892

Mission:

The Laboratory of Molecular Genetics, Section on Human Genetics, performs basic biological research on hearing disorders and competes against other labs throughout the world in the field of audiology. The research results are published in scientific journals and are subjected to strict peer review. In order for the lab to remain competitive, the equipment used for experiments must be kept in top working condition so that errors are not introduced into the data and downtime from broken instrumentation is kept to a minimum.

TASKS/ SERVICES. The contractor shall:

Schedule a PM service once per year, which includes cleaning, calibration, inspection, adjustments and a function test of the instrument.

Perform any remedial or emergency service in the event of malfunction required to keep the instrument running to the manufacturer’s specifications.

Perform unlimited repairs during business hours (8:00 am-5:00 pm M-F). The repair call should cover all labor, all components of the instrument including the lasers and software, replacement parts, non-consumable parts, travel time and software upgrades with no extra charge.

Cover all costs needed, with no further negotiations, to repair the instrument within three days.

Update the instrument with any new software designed by the manufacture to improve performance of the instrument, to add new features or to correct obvious or subtle problems.

Use only parts supplied by the manufacturer and after completion of the work, the service technician shall remove from the lab the old parts that were replaced.

Arrange for parts to be shipped overnight to the site during the on-site routine or emergency maintenance visits.

Adhere to all laws regarding contracting with the Federal Government, Intellectual Property Rights, and Copyrights.

Not contract out any repair or PM service to a third party.

Quality Assurance The contractor must develop its own Quality Assurance Plan (QASP) as part of its proposal for a performance-based effort. The contractor’s QASP must be meet the minimum criteria established below. The contractor must strive to meet past performance levels that were acceptable and improve on those that were less than optimal.

Call dispatch is the amount of phone calls placed to the service department. Call turn-around time is the time between placing the call and the completion of the work by the technician. Technician arrival time is the time the technician arrives at the facility. Call completion time is the time taken from the arrival of the technician until completion of the work. Instrument down time is the amount of time that the instrument will be out of service. Amount of repairs is the amount of repairs covered in the contract that are necessary for completion of the service call, plus the amount of repairs covered should the instrument malfunction within 30 days of the repair. Instrument function is how well the instrument works after the completion of the service call. The instrument function must be guaranteed for 30 days after the service call is closed and users must have no complaints against the instrument function during this time. Documentation from the contractor must give at least the date work was completed and whether or not the call was a service or PM call. If a service call, what was the problem and how was it corrected.

Along with evaluation criteria for tracking the service call from start to finish, there are evaluation criteria for managing the ongoing maintenance of the instrument. This criteria includes:

Many manufacturers upgrade the software for their instruments periodically. The contractor must be able to provide the lab with the latest software upgrades at no extra charge, regardless of whether or not the instrument is being repaired. The contractor also must be able to provide the lab with any necessary training on the upgraded software.

Lasers are a defining feature of TIRF microscopes. The contractor must repair and replace the lasers when necessary.

The contractor must automatically schedule the yearly preventative maintenance service.

Most manufacturers require a re-instatement visit and charge for instruments that have a lapse in service contract coverage. The contractor must pay any re-instatement fee charged by the manufacturer should the lab decide not to use the contractor at any time and go back to using the manufacturer directly

Should the contractor cease to be able to fulfill its obligation to the lab during the contracting period, there must be a smooth transition without a lapse in coverage on the instrument between the contractor and the manufacturer. The contractor would be responsible for any re-instatement fees and completing any necessary paperwork required for the transition.

CERTIFICATIONS, LICENSE, PHYSICAL REQUIREMENTS OR OTHER EXPERTISE REQUIRED.

The contractor must have:

Experience working within an NIH research laboratory.

Training directly from Zeiss for the TIRF microscope Safety training for working with class 3b and 4 lasers Current certification and authority from Zeiss to work on the TIRF

PERIOD OF PERFORMANCE.

One base year plus four option years.

PLACE OF PERFORMANCE.

The work will be performed in the NIH-NIDCD-LMG-SHG, located on the NIH campus in Building 35A, Room 1F-352, Bethesda, MD 20892-3729

OPERATIONAL HOURS.

Work will be performed up to 40 hours per week during normal business hours, Monday-Friday, excluding Federal and public holidays. Occasionally after-hours emergency work might be required.

SAFETY ISSUES.

The contractor is required to adhere to all rules governing laboratory safety at the NIH for BSL I level labs, including wearing PPE, understanding chemical hazard labels and Safety Data Sheets (SDS), and not eating, drinking, or smoking in the laboratory.

GOVERNMENT- FURNISHED EQUIPMENT, BADGE, KEYS AND/OR FACILITIES PROVIDED.

The lab provides a land-line phone for the service technician to make calls related to the repair or PM and any reagents or consumables needed to run the instrument. The lab will also make sure that there are no safety related hazards posted during the visit and will provide the technician with disposable nitrile gloves and a lab coat to use during the visit if he or she requests.

SECURITY CLEARANCE/ POLICE CHECK/ DRIVING RECORD CHECK.

Work under this task order is __x_ UNCLASSIFIED

____ SCREET

____ TOP SECRET

The contractor shall comply with all applicable Department of Health and Human Services (DHHS) security regulations and procedures during the performance of this task order. The contractor shall safeguard any data files that are on the instrument.

NON-PERSONAL SERVICE STATEMENT.

Contractor employees performing services under this order will be controlled, directed and supervised at all times by management personnel of the contractor. Contractor employees will perform independent of and without the supervision of any Government official. Actions of contractor employees 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 U.S. Government overseeing the work of Federal employees, providing direct personnel services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7 .5 and 37 .1 of the Federal Acquisitions Regulations (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

BASIS FOR AWARD

The government intends to award on a best-value basis, using the Lowest-Priced Technically Acceptable (LPTA). An offeror who passes all of the technical criteria, and has acceptable past performance, will be available for award. At that point, the lowest priced offeror would be awarded the contract.

EVALUATION CRITERIA

1. Technical Criteria

The minimum technical standards for this maintenance contract are listed below. Each one will be evaluated on a pass/fail basis. Failure to demonstrate within the offeror’s proposal that there is capability to meet the standard will result in a failing grade for that criterion. Failure in one criterion below will lead the offeror to be considered technically unacceptable, and will make the offeror unavailable for award. The contractor must be able to fulfil all (A-H) of these requirements.

Use engineers who are certified annually, trained directly by and work for the manufacturer of the instrument. Only manufacturer-trained and authorized technicians are permitted to work on the machine.

Use service engineers who are local and assigned specifically to NIH.

Provide unlimited - at no extra cost— diagnostic and repair service visits, labor, travel, manufacturer certified parts (no generics), upgrades/hotfixes for both software and firmware, any necessary training on software and upgrades, safety and performance updates to any part of the instrument, and removal of old parts.

Guarantee a technician to be on-site within 24 hours of a service call that cannot be repaired over the phone. Guarantee that parts not available at the time of service will be shipped next day, at no extra cost to the government. Be able to have the instrument functioning to 100% of the manufacturer’s specifications by the third day, with the new part. If the instrument is not able to be repaired in three days or less, an equivalent loaner instrument must be provided until the original is returned and working at 100% to the manufacturer’s specifications.

Schedule the annual PM service, which consists of cleaning, calibration, inspection, adjustments and a function test of the instrument.

Provide unlimited remote support, along with unlimited applications and technical phone support.

Provide unlimited coverage on all components and subcomponents of the TIRF microscope, which includes—lasers, detectors, filters, polarizers, reflector modules, computers, power supplies, TIRF slider, scan modules, electronics controller, software, scanning stage, incubator, Frap fiber optic, nosepiece and cameras.

Meet the minimum standards of the government’s Quality Assurance Surveillance Plan (QASP) provided above. Additionally, the QASP must demonstrate discounts to the government for failure to meet the standards provided.

2. Past performance Past performance is a major factor in determining how well the contractor will perform in the current period of time—if a contractor failed in the past on any of the below criteria, it is assumed that it will do so again. Likewise, if a contractor was able to meet the criteria below in the past, it is assumed that it will do so again. Past performance is the most important evaluation criteria. Past performance criteria include:

Contractor must have been able to get the instrument up and running to a 100% functioning level within three days or less from the time of the initial service call placement to getting the problem solved--including obtaining replacement parts, fixing the instrument, and generating a service report.

The contractor must have acted honestly with the customer in the past for each repair—using only certified parts, ensuring that instrument performance is within manufacturer specifications, adhering to copyright and intellectual property regulations, adhering to all laws regarding contracting with the Federal Government, doing all that is stated in the contract, charging only what was agreed upon in the contract, not adding extra charges to the service call, and using certified technicians to perform the work.

Contractor must have kept the software upgraded to the best availability from the manufacturer of the instrument, even if the old software was working properly. Contractor must have provided any necessary training on the new software.

Contractor must have scheduled the annual PM service.

Contractor must have repaired and replaced lasers when necessary for the function of the confocal microscope within the manufacture’s specifications.

The customer has the right to inquire about past performance of a contractor with other customers who used that contractor in the past to perform repair work on their lab equipment and use this information to determine the suitability of the contractor. The contractor shall submit references for past performance.

3. Price

Among those technically acceptable offerors that have acceptable past performance, the offeror with the lowest price will receive award.

CLAUSES AND PROVISIONS

FAR provisions 52.212-2 Evaluation-Commercial Items is substantially incorporated through the “Evaluation Criteria” section listed above.

The following contract provisions and clauses are incorporated by reference:

FAR 52.212-1 Instructions of Offerors, Commercial Items;

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items;

52.212-4 Contract Terms and Conditions – Commercial Items (Dec 2014) Addendum to 52.212-4 Invoicing Guidance

Mail the original itemized invoice to:

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

For inquiries regarding payment call:

Chief, Accounts Payable Section, OFM

(301) 496-6088

Additionally, please email a courtesy copy of the invoice to the Contract Specialist for the official contract file.

The following Invoice and Payment Terms is applicable to all purchase orders, task/delivery orders and BPA Calls:

I. Invoice Requirements

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized.

II Invoice Payment

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition;

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MARCH 2015)

(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 (Dec 2014)

(2) 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)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

__ (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 (Apr 2010) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Oct 2014) 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. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

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

X (33)(i) 52.222-50, Combating Trafficking in Persons (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 (AUG 2013). (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.)

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

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

__ (36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514).

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

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

__ (42)(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.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (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) (May 2014) (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) (29 U.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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

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

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

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

(x) 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)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

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

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Dec 2014). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(G) 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.

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

(I)X (1)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g)).

_ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(J) 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).

(K) 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).

(L) 52.222-54, Employment Eligibility Verification (Aug 2013).

(M) 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.

(N) 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.

(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) Executive Order 13658).

(End of clause)

52.217-8 Option to Extend Services.

OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of clause) 52.217-9 Option to Extend the Term of the Contract.

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the end of the period of performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.