REVISED CSS RODENT FEED 11_18.pdf
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Combined Synopsis/Solicitation No. 75N96022Q00002
NIEHS, Office of Acquisitions
OPEN FORMULA RAT
AND MOUSE RATION
18% CRUDE
PROTEIN
AUTOCLAVABLE
(NIH-31)Combined Synopsis/Solicitation for Commercial Items
Christopher Fisher 9/20/2021
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information
Document Type:
Solicitation Number:
Posted Date:
Original Response Date:
Current Response Date:
Product or Service Code:
Set Aside:
NAICS Code:
Combined Synopsis/ Solicitation 75N96022Q00002 11/18/2021 11/29/2021 11/29/2021 9440 - Misc. Crude Agriculture and Forest Products Full and Open, No Set Aside 311119 – Other Animal Food Manufacturing
Contracting Office Address
530 Davis Drove Durham, NC 27709
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction FAR Subpart 16.5, Indefinite- Delivery Contracts (IDC) as a Indefinite-Delivery Indefinite-Quantity contract (IDIQ) and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.
This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-07.
The associated North American Industrial Classification System (NAICS) code for this procurement is 311119, with a small business size standard of 500 Employees.
The NIEHS, Durham, NC is seeking to purchase Open Formula Rat and Mouse Ration 18% Crude Protein Autoclavable (NIH-31) feed.
All interested companies shall provide quotations for the following:
fishercj Highlight fishercj Highlight fishercj Highlight
Supplies
Line Item Description Estimated Quantity
Unit Price Total Price
Year-One Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Two Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Three Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Four Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Five Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
TOTAL
The IDIQ will be 5 (five) year from the date of award.
Delivery shall be provided to the NIEHS after the first Delivery Order is placed. Delivery terms are Free on Board (FOB) Destination. The contractor shall deliver line item(s) to the NIEHS at 105 TW Alexander Drive, Building 110, Research Triangle Park, NC 27709.
Place of Performance
Address: 105 TW Alexander Drive, Building 110 Research Triangle Park
Postal Code: 27709 Country: UNITED STATES
Award shall be made to the quoter, whose quotation is the Lowest Priced Technically Acceptable meeting or exceeding the acceptability standards of the Statement of Work (SoW).
Technical capability and past performance are equal to price. The government will evaluate information based on the following evaluation criteria:
(1) Technical capability in meeting the SOW (Attachment # 1)
(2) Past performance
(3) Price
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
The following solicitation provisions apply to this acquisition:
1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (Sep 2021)
2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (Feb 2021)
Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.
The following contract clauses apply to this acquisition:
FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (Oct 2018)
FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (Sep 2021)
All quoters shall submit the following: one copy of quote via e-mail.
All quotations shall be sent to the Contracting Officer, Christopher Fisher, via e-mail at Christopher.fisher@nih.gov.
This is an open-market combined synopsis/solicitation for products as defined herein. The government intends to award a single Indefinite Delivery Indefinite Quantity contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"
Quoter shall list exception(s) and rationale for the exception(s).
All questions shall be received by 11am EST 11/23/2021. Submission of quotes shall be received not later than 11 am EST 11/29/2021 via e-mail at Christopher.fisher@nih.gov.
Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist at Christopher.fisher@nih.gov.
Point of Contact
Christopher Fisher, Contract Specialist at Christopher.fisher@nih.gov.
List of Attachments:
1 Statement of Work (SOW) Rodent Feed NIEHS Specifications NIH 31 Rodent DIet 2 FAR 52.212-1, Instructions to Offeror 3 Price Quote 4 Clauses Animal Feed 5 Invocie Instructions Two Way
Statement of Work - Rodent Diet Attachment 1
NIEHS SPECIFICATIONS FOR
OPEN FORMULA RAT AND MOUSE RATION
18% CRUDE PROTEIN AUTOCLAVABLE (NIH-31)
1. SCOPE
1.1 This specification is for an open formula, autoclavable rat and mouse ration containing 18% crude protein and void of any feed additives containing antibiotics or exogenous estrogens and certified limits on chemical and microbial contaminants as listed in section 2.1.4.
1.2 Orders shall be placed according to the requirements of the Government, generally every 4-8 weeks, as needed. Feed is ordered by tractor-trailer load of up to 1600 bags per shipment (80 bags/pallet, 20 pallets/truck load). Each bag contains 25 lbs. of feed. All feed must be milled within 6 weeks prior to the desired delivery date to allow time for testing and acceptance of the product.
2. REQUIREMENTS
2.1 Material: Material shall be as specified herein. All lots of fishmeal must be pre-tested for Nitrosamines prior to milling the NIH-31 Rodent Diet to ensure the total concentration of N-nitrosodimethylamine (NDMA) levels are at an acceptable concentration and do not exceed the MCL for this product.
2.1.1 INGREDIENTS: NIH-31 Rodent Diet
Ingredient Percentage by Weight Fishmeal (60% protein) 9.0 Soybean meal (48.5% protein) 5.0 Alfalfa meal (17% protein) 2.0 Corn gluten meal (60% protein) 2.0 Ground whole wheat 35.5 Ground #2 yellow shelled corn 21.0 Ground whole oats 10.0 Wheat middlings 10.0 Brewers dried yeast 1.0 Soy oil 1.5 Salt 0.5 Dicalcium phosphate 1.5 Ground limestone 0.5 Premixes 0.5
Total: 100.00
Mineral Fortification per ton (2,000 lbs) of Finished Product Mineral Ingredient Amount Source Cobalt 400 mg Cobalt carbonate Copper 4 g Copper sulfate Iron 60 g Iron sulfate Magnesium 400 g Magnesium oxide Manganese 100 g Manganese oxide Zinc 10 g Zinc oxide Iodine 1500 mg Calcium iodate
Vitamin Fortification per ton (2,000 lbs) of Finished Product Vitamin Ingredient Amount Source Vitamin A 22,000,000 IU Vitamin A Palmitate or Acetate Vitamin D3 3,800,000 IU D activated animal sterol Vitamin B12 40,000 mcg Vitamin K 20 g Menadione Alpha Tocopherol Acetate 15 g Choline 700 g Choline Chloride Folic Acid 1 g Niacin 40 g D-Pantothenic Acid 25 g d-Calcium pantothenate Riboflavin 5 g Thiamine 65 g Thiamine mononitrate Pyridoxine 5 g Pyridoxine hydrochloride Biotin 120 mg d-Biotin
Note: These concentrations of vitamins and minerals shall be added to the ration via two separate (vitamin and mineral) premixes with one of the major ingredients as a carrier. The amount of this ingredient used in the final formulation may be adjusted so that the total amount of ingredients will equal 100%. Vitamin and mineral concentrations in the premixes shall be made so that a minimum of one (1) pound of each premix is required per ton of finished product. In the case of mineral fortification, the actual amount of each element required is specified. Therefore, the contractor shall adjust the amount of each compound used in the premix according to its mineral concentration.
2.1.2 NUTRIENT STANDARDS:
Micro-Analysis: The total calculated concentration of nutrients in the ration from ingredients and from the fortifications at the time of manufacture shall be as follows:
Component Requirement Levels Proximate Composition (% by wt.):
Crude Protein Minimum 18.0 Crude Fat Minimum 4.0
Crude Fiber Maximum 5.0 Ash Maximum 8.0 Moisture Content (%) Maximum 12.5
Component Minimum Levels Essential Amino Acids (% of total diet):
Arginine 0.90 Cysteine 0.25 Glycine 0.95 Histidine 0.38 Isoleucine 0.95 Leucine 1.40 Lysine 0.85 Methionine 0.35 Phenylalanine 0.85 Threonine 0.65 Tryptophan 0.20 Tyrosine 0.60 Valine 0.90 Vitamins:
Vitamin A (IU/kg) 20.0 Vitamin D (IU/kg) 4.0 Vitamin K (ppb) 20.0 Alpha Tocopherol (ppm) 45.0 Thiamine (ppm) 70.0 Riboflavin (ppm) 7.0 Niacin (ppm) 80.0 Pantothenic Acid (ppm) 30.0 Pyridoxine (ppm) 10.0 Folic Acid (ppm) 2.0 Biotin (ppm) 0.2 Vitamin B12 (ppb) 40.0 Choline (ppm) 1900.0 Minerals:
Calcium (%) 1.15 Phosphorous (%) 0.85 Potassium (%) 0.75 Sodium (%) 0.30 Magnesium (%) 0.15 Iron (ppm) 345.00 Manganese (ppm) 140.00 Zinc (ppm) 40.00 Copper (ppm) 12.00 Iodine (ppm) 1.80
Cobalt (ppm) 0.70
2.1.3 NUTRIENT ANALYSIS OF FINAL PRODUCT
For the purposes of the specification listed in this section, a "batch" shall be defined as one continuous production run which may or may not consist of several small batches. Analysis for nutrient content of the finished product shall be conducted in accordance with the procedures of the Association of Official Analytical Chemists (most recent issue). All nutrient contents of the finished product shall be expressed as a percentage by weight on an air-dry basis. The contractor will provide the Contracting Officer’s Representative (COR) a copy of the nutrient analysis for each batch to review prior to approval of shipment. This analysis should include at a minimum the following:
Crude Protein Crude Fat Crude fiber Ash Moisture content
2.1.4 MAXIMUM ACCEPTABLE LEVEL OF CHEMICAL AND MICROBIAL
CONTAMINANTS:
For the purposes of the specification listed in this section, a "batch" shall be defined as one continuous production run. Prior to delivery of each batch of finished product, the contractor will provide certification via email to NIEHS COR that the concentrations of the contaminating chemicals or microorganisms listed in this section do not exceed the listed maximum concentration level (MCL). The testing will be performed by an independent testing laboratory(s) of the contractor’s choosing as long as the laboratory(s) is/are certified to perform the test according to acceptable industry standards.
Slight increases above the listed MCL for a few of the contaminating chemicals may be allowed; however, NIEHS shall review and approve any increases prior to approval of delivery and use the feed scoring system described below in this section as the basis for this review. No increases in contaminating microorganisms will be accepted.
CONTAMINANT Maximum Concentration Level (MCL) MYCOTOXINS (ppb) Aflatoxin -Total 5.00 Aflatoxin B1 2.00 NITROSAMINE (ppb) Total Volatile 15.00
N-nitrosodimethylamine (NDMA) 10.00 HEAVY METALS (ppm):
Lead 1.00 Cadmium 0.15 Mercury 0.05
Arsenic 0.60 Selenium 0.50 CHLORINATED HYDROCARBONS (ppm) Alpha BHC 0.02 Beta BHC 0.02 Delta BHC 0.02 Gamma BHC (Lindane) 0.02
Endosulfan sulfate 0.03 Endosulfan I 0.02 Endosulfan II 0.02
Heptachlor 0.02
DDE 0.02
DDD 0.03
DDT 0.02
Hexachlorobenzene (HCB) 0.02 Mirex 0.02 Methoxychlor 0.05 Dieldrin 0.02 Endrin 0.02 Telodrin 0.02 Chlordane 0.05
ORGANOPHOSPHATES (ppm) Ronnel 0.02 Ethion 0.02 Trithion (Carbophenothion) 0.05 Diazinon 0.20 Methyl Parathion 0.03 Parathion (Ethyl Parathion) 0.02 Malathion 0.50 PCBs (ppm) 0.20 Miscellaneous Nitrate (ppm) 20.00 Nitrite (ppm) 5.00 Total Daidzein and Genistein (ppm) 200.00 Butylated Hydroxyanisole (BHA) (ppm) 10.00 Butylated Hydroxytoluene (BHT) (ppm) 5.00 Total Bacterial Plate Count (CFU/g) 200,000 Coliform (MPNa/g) 2,000
E.coli (MPN/g) 25 Salmonella (MPN/g) 0 a MPN = Most Probable Number
A flexible feed scoring system will be the basis for the review performed by the COR of any chemical contaminant concentrations that exceed the MCL listed above. A batch of a finished product (feed) with concentrations of contaminants equal to or less than the MCL listed above will be graded with a total score of 100.0 points and approved for delivery.
Scoring System for Diet Contaminants:
Score Acceptability of Batch
95.00 to 100.00 Approved for delivery and use by NIEHS
90.0 to 94.99 Approved for partial delivery but must be replaced at contractor’s expense within four (4) weeks of delivery. The government will only pay for the bags used.
> 90.00 Reject the feed. New batch made at contractor’s expense
1. Total Aflatoxins – Deduct 1 point for each ppb above the MCL. If the total Aflatoxin level is more than 10.00 ppb, the batch of feed shall be rejected.
2. Total Nitrosamines – Deduct 1 point for each 6.00 ppb above the MCL. If the total concentration of N-nitrosodimethylamine (NDMA) is more than 25.00 ppb, the batch of feed shall be rejected.
3. Heavy Metals:
Lead, Arsenic, and Selenium – Deduct 1 point for each 0.20 ppm above the specifications Cadmium and Mercury – Deduct 1 point for each 0.02 ppm above the specifications
4. PCB’s - Deduct 1 point for each 0.02 ppm above the limit.
5. Pesticides - Deduct 1 point for each increase equivalent to the MCL
6. Total Daidzein and Genistein (ppm) – deduct 1 point for each 50.00 ppm above the
MCL
7. All other listed contaminants – Deduct 1 point for each increase equivalent to the
MCL
Whole or partial points may be deducted from the top score of 100. The deduction is calculated by the concentration of the contaminant above the MCL divided by the values listed for the specific contaminants in numbers 1-6 (listed above) or the MCL for all other contaminants. For example, if the concentration of arsenic in the batch of feed is 0.71, then 0.55 points will be deducted [(0.71-0.60)/0.20 = 0.55]. If the concentration of malathion in the batch of feed is 0.80, then 0.6 points will be deducted [(0.80 – 0.50)/0.50 = 0.6]. Deductions shall be subtracted from the top score of 100 yielding the final score.
2.1.5 INGREDIENT STANDARDS
Ingredients used in the manufacture of this ration must not be contaminated with any more than 3 percent of foreign materials such as other grains, weed seed, chaff, etc. Nor shall any mold, dust, insect or rodent infestation be allowed. The average minimum nutrient concentrations of ingredients used in the manufacture of this rations shall be consistent with the values published in the national Academy of Sciences Publication 1684. "United States - Canadian Tables of Feed Composition". The Contractor is required to provide NIEHS a feed analysis on every feed batch to show that an effective ingredient quality control program is being followed.
2.1.6 FEED ADDITIVES AND PROCESSING RESTRICTIONS:
The product shall contain no antibiotics or estrogen additives of any kind. All milling and warehousing conditions and/or restrictions as specified in Section 6 apply to the feed covered by this specification. In addition, equipment used in manufacture of this feed shall not be used to manufacture feeds which contain antibiotic or estrogen additives.
2.1.7 ALTERATION OF PRODUCT:
The product shall not be altered in any manner so as to affect the final nutrient content without prior approval from the COR of the NIEHS.
2.1.8 CERTIFICATION OF PROCESSING:
After all testing and approval from the COR, the contractor shall carry through without operational delay the milling or manufacturing process which shall be completed not more than twenty-one (21) days prior to delivery of the product.
3. QUALITY ASSURANCE PROVISIONS:
3.1 RESPONSIBILITY FOR INSPECTION:
The Government reserves the right to perform any of the inspections set forth in the specifications where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.
4. PREPARATION FOR DELIVERY:
4.1 FORM:
The finished product shall be furnished in oval shape pellets 5/8-3/4" wide, 3/8-7/16" thick, and W-l" long.
4.2 COMPOSITE QUALITY ASSURANCE (QA) TEST FEED SAMPLE:
Immediately after milling, the contractor shall collect one(1) 2 lb. bag of a composite feed sample to serve as a representative sample of the new batch of NIH-31 diet. The QA test sample will be used for contaminant testing. The QA test sample shall be labeled with the name of manufacturer, the name of the product, the NIEHS stock number and the mill date.
The mill date shall be considered as the batch production number. If more than one milling date constitutes a batch for analysis purposes, each milling date must be recorded on the sample, if the dates are more than two consecutive dates. No contractor coding of these items shall be allowed.
Immediately after collection, the 2 lb. bag of feed shall be shipped for overnight delivery at the contractor’s expense to the following address:
NIEHS
111 TW Alexander Drive Bldg. 101, Room: C126 Research Triangle Park, NC 27709
4.3 MARKING:
Each bag shall be marked (via tag or label adhered to the product bag) with the name of the product, the name of the manufacturer, the product weight, the guaranteed analysis of its contents, the date (month, day, and year) the manufacturing process was completed and the batch number under which it was processed. Codes or coding shall not be acceptable for any markings specified herein.
4.4 PACKAGING:
The finished product shall be packaged in commercially acceptable laminated 50 lb. capacity paper bags, 25 lbs. of product per bag. The 3-ply laminated bags must withstand autoclaving at 250° for 20 minutes and must be perforated with pinpoint holes two inches apart (2" squares). Individual sheets of paper for each bag should be perforated and the holes offset so that one cannot see through the bags.
4.5 PALLETIZING OF FEED BAGS:
Bags of feed shall be delivered palletized. The bags shall be palletized 80 bags per pallet.
This shall be the responsibility of the contractor. The feed shall be held and stored on new, insect and vermin-free, pallets (80 bags/pallet). Feed must be stretch wrapped on pallets prior to delivery to prevent bags from slipping off pallets during storage and shipment. Feed must be cooled prior to stretch-wrapping and palletizing.
5. NOTES:
5.1 DELIVERY SCHEDULE:
No delivery schedule shall be specified until the Contractor has been notified of acceptability of the representative test products and approval for shipment by the COR.
6. ANIMAL FEED PROCESSING AND MILL SANITATION:
6.1 PURPOSE AND SCOPE:
This standard establishes sanitation requirements applicable to the process of animal feed, the mill wherein the feed is processed and the premise wherein the feed is stored.
6.2 REQUIREMENTS:
6.2.1 Processing and Sanitation:
a. Manufacturer's premises shall be clean and free of dirt, trash and other foreign matter that could contaminate feed being processed or stored.
b. No domestic animals or fowl, wild animals, rodents or birds shall be confined in or have entry to the confines of the building(s) housing the milling equipment, providing storage for feed ingredients, or storage for the finished food products. The contractor shall utilize an Integrated Pest Management (IPM) Program which is an effective and environmentally sensitive approach to pest management that integrates preventive and remedial tactics to ensure control of pest populations.
c. Bagged feed ingredients and finished products shall be stored to permit inspection of floor-wall junctures in all storage areas. There shall be no evidence of rodent-damaged bags containing feed ingredients or finished products.
d. Plant premises, milling and storage areas shall be effectively rodent and bird- proofed.
e. Plant premises, milling and storage areas shall be free of insects, birds, rodents and other pest that could potentially contaminate the ingredients or the finished product.
6.2.2 Plant Sanitation Methods:
Plant sanitation methods shall include the following:
a. Daily cleaning and removal of all loose feed materials lodged on the floors, walls, and ceilings.
b. Removal of all insect-infested feed or raw materials as soon as detected.
c. Floors, walls, ceilings, overhead beams and piping shall be free of all contaminating material, such as rodent or bird droppings.
d. All feed or raw materials shall be stored in containers or other storage facilities which satisfactorily prevents entry and contamination by rodents and birds.
e. Milling machines used for preparation of animal feed shall not be used for any other feed product to which rodenticide, insecticide, hormones, antibiotics, or fumigants have been added.
6.3 INSPECTION:
Prior to award of contract or at any time during the effective period of the resulting contract, the contractor's plant, plant facilities and milling operations may be subject to inspection by NIEHS/NIH authorized personnel. Failure to comply with the requirements of this standard shall constitute sufficient grounds for withholding contract award or for cancellation of existing contract(s).
Attachment 2
FAR 52.212-1, “Instructions to Offerors–Commercial Items” Quote Preparation Instructions
All quoters shall submit the following:
(1) The response should consist of three (3) volumes. The volumes are: Volume I – Technical Submission, Volume II – Past Performance, and Volume III – Price.
(2) Quotes must comply with the page limitations and format specified for each volume. Information submitted beyond limitations identified could negatively impact the evaluation during the rating process. The follow-on paragraphs provide the specific information required for each volume.
Volume Format Page Limitation Volume I – Technical Submission MS Word 2007 or higher/Unprotected pdf 25 Page limit
Volume II – Past Performance MS Word 2007 or higher/Unprotected pdf 15 Page limit Volume III – Price
(Attachment 7) MS Word 2007/MS Excel 2007 or higher None
(3) Additional format requirements for quotes to Volumes I, II and III must be as follows:
Elaborate formats, bindings or color presentations are not desired or required.
Charts, Graphs, Tabs, Diagrams, Tables, Photographs, Drawings, Title Page, Table of Contents, Covers for
Volumes, Glossary of Terms/Abbreviations and Acronyms, Indices, section dividers and job qualifications (Resumes) are excluded from the page limitation.
All volumes must be clearly marked as either Volume I - Technical Submission, Volume II - Past Performance, or Volume III – Price, respectively.
(4) Quote Content:
a. Volume I – Technical Submission: The Technical Submission volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. Provide your response to satisfying the SOW. The Technical volume shall be organized according to the following general outline:
Tab 1 – Technical Capability in Meeting the SOW Understanding and Approach
b. Volume II – Past Performance: The Past Performance volume shall be clear, concise, and include sufficient detail to demonstrate the Quoter possesses the relevant technical experience required to successfully perform the contract requirements. The Quoter shall submit the following information:
(a) Tab 1 – Reference List: The Quoter shall provide a minimum of three (3) references.
- A list of three (3) references with who like or similar services has been provided within the past three (3) years. The past performance references must include contract number, dollar value, specific points of contact, phone number and email address. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial concerns.
- Quoter may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. For the purposes of this solicitation, a "major subcontract" is defined as supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor.
(b) Tab 2 – Reference Information: The Quoter shall include for each reference:
- Project Title
Attachment 2
FAR 52.212-1, “Instructions to Offerors–Commercial Items”
- Description of the project
- Contract and, if applicable, task order number
- Total Contract Value and type of contract
- Government Agency/Organization
- Contracting Officer’s Name and Telephone Number.
- Current status, e.g. completed and/or if in progress start and estimated completion dates.
- Name of company being referenced
- A brief narrative of why you deem the reference to be relevant to this effort.
c. Volume III – Price Submission: The price submission must be clearly marked “Volume III, Price Submission”. The price volume shall be organized according to the following general outline:
(a) Tab 1 - RFQ Document. The contractor must submit the following documents as part of the RFQ Document:
1. Point of Contact: The Quoter shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your quote and who can obligate your company contractually.
2. Cover Letter: This statement page shall also include the following information:
Company Name/Address: DUNS #:
Cage Code:
Federal Tax ID:
Point of Contact:
POC Phone/Fax/E-mail:
3. Representation, Certifications, and Other Statements of Quoter – In accordance with provisions FAR 52.212-3, Offeror Representations and Certifications-- Commercial Items, IF YOU INTEND TO SUBMIT A QUOTE, YOU MUST: (1) Go to the Online Representations and Certifications Application (ORCA) and complete the Representations and Certifications. Offerors must access ORCA through the System for Award Management (SAM) at http:// www.sam.gov; and (2). Complete.
(b) Tab 2 – Price Quote. The contractor shall submit the following documents as part of the Price Quote:
1. Contract Pricing: Provide fully loaded pricing for each of the items listed in the Price Quote Instructions (Attachment 3).
2. The Quoter agrees to hold the prices in its quote firm for 120 days from the date specified for receipt of quotes.
3. Quoter shall submit only one offer presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.
Attachment 3
Price Quote Line Item Description Estimated
Quantity Unit Price Total Price
Year-One Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Two Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Three Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Four Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Year-Five Pricing
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
11,200 bags per year
Option to Extend Contract up to 6-Months
OPEN FORMULA RAT AND MOUSE
RATION 18% CRUDE PROTEIN
AUTOCLAVABLE (NIH-31)
6,600 bags for option period
TOTAL
The Requirements IDIQ Ordering Period will be 5 (five) year from the date of.
Attachment 4
CLAUSES AND PROVISIONS
ADDENDUM TO FAR 52.212-4 CONTRACT TERMS & CONDITIONS–COMMERCIAL
ITEMS CONTRACT ADMINISTRATION DATA
1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
TBD
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the SOW and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract.
Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (4) otherwise change any terms and conditions of this contract; or (5) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract. The Government may unilaterally change its CO appointment and COR designation.
2. METHOD OF ORDERING
Delivery Orders under this contract will be issued by the Contracting Officer via electronic mail (e- mail).
3. DELIVERY ORDER PROCEDURE
The resultant contract will provide for the issuance of repetitive delivery orders as follows:
a. General: Only a warranted Contracting Officer may issue delivery orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed delivery order has been awarded. The Contractor may incur costs under this contract in performance of delivery orders and delivery order modifications issued in accordance with this ARTICLE. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.
Pricing: All Delivery Order total prices shall be calculated based on the Pricing as noted in the Pricing Schedule.
Each Delivery Order shall be prepared on an OF347 and will be issued to the contractor via email. All contract clauses contained in this contract shall be incorporated all resultant delivery orders. If conflicts exist between the contract clauses and the information outlined in the delivery order, the contract language takes precedence over the information in the delivery order.
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 (SEP 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 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 (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.
L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
_x_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of
Div. C).
_x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT
2016) (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. (JUN 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT
2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP
2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
__ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP
2021) (15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).
_x_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).
_x_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_x_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
_x_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
_x_ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43.
__ (ii) Alternate I (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)
(42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) .
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB
2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)
(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul
2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C.
55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May
2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such 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 (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C.
55305 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)
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. (JUL 2021) 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 8 G 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 (JUN 2020) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of
2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(E) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.
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