RFQ GASES-126497 v 2.pdf

1. Solicitation Number: FDA-RFQ-25-126497

2. Title: Consumable Gases and Related Products

3. Classification Code: 66

4. NAICS Code: 325120

5. Posted Date: December 2, 2024

6. Quote Due Date: December 9, 2024 5:00p.m. Eastern Time.

All quotes are due, electronically via email to Nina.Montgomery@fda.hhs.gov. Late submissions may not be evaluated.

The subject line shall read: FDA-RFQ-25-126497 Consumable Gases and Related Products

7. Description: Consumable Gases and Related Products

NOTE: Please indicate company’s SAM.gov Unique Entity ID on the quote or in the email.

This acquisition is issued as a Request for Quote (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through FAR FAC 2024-05 5/22/2024. For purposes of this acquisition, the associated NAICS code is 325120.

Line Item Structure: The following is a contract line item number(s), quantities, and units of measure, (including option(s), if applicable):

Line Item 0001 – Base Year – Consumable Gases and Related Products Line Item 0002 –Year 1– Consumable Gases and Related Products Line Item 0003 – Year 2– Consumable Gases and Related Products Line Item 0004- Year 3- Consumable Gases and Related Products Line Item 0005- Year 4- Consumable Gases and Related Products

Background The US Food and Drug Administration (FDA) Kansas City Human and Animal Food Laboratory (ORA/ORS/KCHAFL) located in Lenexa, Kansas, conducts analysis of human and animal food, dietary supplements and ceramicware in support of the FDA’s mission to protect public health.

KCHAFL is the national servicing center for FDA’s Total Diet Study (TDS), an ongoing surveillance program that started in 1961. The laboratory is ORA’s central point responsible for planning, processing and analyzing over 1200 samples representing 280 food items annually, including infant and toddler foods. Laboratory grade gases are required for both the preparation of samples and the operation of analytical chemical instrumentation that is used for the analysis of samples. The data resulting from chemical analysis is evaluated and used by the agency to implement regulatory actions. The analysis of regulatory and TDS samples at KCHAFL fulfills the workplan goals of the laboratory and contributes to fulfilling the mission of the FDA.

Purpose/Objectives mailto:Nina.Montgomery@fda.hhs.gov

The Kansas City Human and Animal Food Laboratory requires a continual, reliable source of compressed gases contained in cylinders for use in surveillance and regulatory chemical analyses. Gases are essential to instrument and laboratory function.

The Kansas City Human and Animal Food Laboratory requires a microbulk liquid argon system to provide a steady and reliable system to source argon gas for inductively coupled plasma mass spectrometers (ICP-MS) and inductively coupled plasma optical systems (ICP-AES or ICP- OES). These systems are used for trace determination of elements, including selenium.

The Kansas City Human and Animal Food Laboratory requires a microbulk liquid nitrogen system to provide a steady and reliable system to source nitrogen gas for mass spectrometers, evaporators, and other scientific equipment. The systems are used for the trace determination of chemical contaminates and toxic substances.

Scope The U.S. Food and Drug Administration, Kansas City Human and Animal Food Laboratory requires commercially available, consumable, high purity, and high-quality laboratory grade gases in compressed and liquid states on an “as needed” basis. Laboratory gases shall be contained in cylinders and bulk liquid gases contained in outside bulk storage tanks with gas fill-up services. The containers used to house the gases must be constructed of suitable materials for the chemical analysis that the gases are being used to facilitate.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, manifests, shipping papers, materials, documentation, certificates of analysis, supervision and other items and non-personal services necessary to provide the required laboratory gases and liquified gases as defined in this Statement of Work.

Requirement The Contractor shall perform to the standards and requirements listed in the details below:

1. Laboratory Gases/Cylinders

• The contractor shall provide specialty gases on an on-call basis as ordered by COR/COR designee. The contractor shall also provide tank rental, delivery, removal, storage, and segregation.

• The contractor shall safely deliver orders of bulk gases and cylinders and remove empty cylinders from the FDA KCHAFL facility. The Contractor shall pick up empty gas cylinders during deliveries.

• The contractor shall abide by the Department of Transportation (DOT) guidelines and requirements for the safe transportation of gases/cylinders. The Contractor shall label any cylinders without DOT stickers and shall have stickers available to remove cylinders from Government facility. The Contractor shall ensure that all cylinders are labeled in accordance with the applicable Federal and State regulations.

• The contractor shall ensure that all cylinders be hydrostatically tested and inspected as required by the Compressed Gas Association (CGA), Federal and State regulations.

• The Contractor shall be available for delivery requests and to provide technical support by telephone Monday through Friday, excluding federal holidays, between 8:00 AM and 4:00 PM local time. The Contractor shall provide on-site technical support within 24 hours of service request at no charge to the government.

• The contractor shall deliver requested items after receiving a valid order submission.

All gases shall be delivered within 48 hours as part of normal/standard service. The Contractor shall make gas deliveries Monday through Friday only, excluding federal holidays, between 8:00 AM and 4:00 PM local time. Delivery personnel shall notify the identified laboratory point of contact (POC) prior to delivery and shall meet security requirements to enter the KCHAFL facility.

• The contractor shall call or email the government office at a minimum of 48-hours prior to arrival. Contractor shall provide the POC with anticipated time of arrival and duration of work each workday. Contractor shall be equipped with all required attire, i.e., face coverings, etc. in accordance with facility requirements.

• The orders for gas cylinders shall be delivered in one shipment, unless otherwise agreed by the POC at the time of request. Delivery of bulk Liquid Argon and bulk Liquid Nitrogen may be delivered separately.

• When delivering laboratory gases contained in cylinders, the Contractor shall have the ability to off-load onto the dock (L 72” x W 80” x H 50”) or the ground level loading platform (60" x 96”) with a maximum weight capacity of 16,000 lbs. and capable of adjusting in height from 0-65 inches.

• The contractor shall provide certificates of analysis for cylinders deliveries upon

COR or COR designee request. The Contractor shall deliver and properly secure gas cylinders in the laboratory’s designated area. Certificates of analysis from the air separation plant will be required for each load/delivery of bulk liquid Argon and bulk liquid Nitrogen. The Contractor shall deliver and connect gas cylinders to equipment at no additional charge upon request.

• When delivering oxygen cylinders, the contractor shall secure and connect the cylinders to the instruments designated by the government personnel on hand at time of delivery. If necessary, the contractor shall also disconnect and remove the empty cylinder from same instrument prior to connecting new cylinder.

• The contractor shall replace defective cylinders within 24 hours of service request and the Government shall not be charged for any orders associated with the defective cylinders.

• The FDA Ordering Official will submit electronic mail request with the type and quantity of item required, delivery need by date and contract number. Point of contacts designated as FDA Ordering Officers under this contract will be provided at time of award.

2. Argon System

Tank Size and Specifications:

• The Contractor shall ensure that the Liquid Argon tank bulk system provides Ultra High Purity (UHP) Argon gas with a regulator that delivers a minimum pressure of 175 psig at a maximum flow of 20 SCFM. UHP is defined as 99.999% pure.

The Argon gas is used for ICP trace metal analysis and shall be fit for the Government’s application and use. The contractor shall ensure that Krypton levels must be low enough to not interfere with the measurement of selenium at parts-per-billion (ppb) levels. The tank will have the capability to be bottom filled and must maintain and deliver at a minimum pressure of 175psig during filling.

• The contractor shall provide an appropriately sized bulk tank for Liquid Argon based upon the estimated annual usage listed below. The contractor is responsible to obtain any drawings or specifications necessary to complete installation.

• The bulk tank system shall be installed on an existing an existing 5-foot x 6 foot 3 ½ inches with 4000 psi capacity concrete pad, which is available for inspection by appointment prior to bidding. The contractor shall provide tank specifications to confirm installation requirements. The tank shall be installed to current fittings and regulators located at the concrete pad location. The Contractor shall be responsible for any surveying, planning or inspection necessary to install the tank.

• The estimated usage of argon is 3,000 hundred cubic feet (HCF) per year.

• The contractor shall provide a system with a minimum capacity of 2,000 liters of liquid argon and shall include a manifold with display for volume and pressure.

The contractor may propose an alternative sized system based on estimated usage rates and purpose for the gas product; however, the most cost-efficient solution is preferred, inclusive of all delivery fees.

• The system shall be able to deliver 10 cubic foot per minute (CFM) of Argon gas for up to 16 hours of continual usage. The system shall be configured to allow for additional gas capacity should the Government’s requirements change during the course of the base contract period or option years.

• The contractor shall include and install gas gauges on the bulk tank so that the laboratory can monitor gas levels and submit requests on an “as needed” basis;

ensuring the product level is maintained at a minimum of 30% tank system capacity.

• Installation of the tank shall include setting up tank pressure, house line pressure and economizer pressure. The tank feed pressure will be set at 145 psig and house line pressure will be set at 135 psig upon installation.

• Prior to formal governmental acceptance, the tanks must be cleaned, flushed and/or purged of contaminants to ensure that the gas product meets the minimum specifications for quality and purity, as stated below.

• The contractor shall ensure that the Liquid Argon tank be constructed of stainless steel and that any metallic internal components that come in contact with the Argon shall be stainless steel. The contractor shall use precleaned 316L stainless steel tubing to connect the Argon bulk tank to the building’s Argon line. The contractor shall clean/purge the Argon line before connecting the Argon bulk tank.

• The contractor shall provide fit for use gas regulators to adjust the delivery pressure to the optimal amount with respect to the requirements of the laboratory.

• The contractor shall be responsible for any surveying, planning or inspection necessary to install the tank.

• The Contractor shall supply Liquid Argon in the tank bulk system that meets the contaminant specifications listed in the following table, Table 1.

Table 1: Liquid Argon Bulk Gas Contaminant Specifications

Contaminants Maximum Level

Oxygen < 2 PPM Nitrogen ≤ 10 PPM Carbon Monoxide < 0.5 PPM Carbon Dioxide < 0.5 PPM Methane < 0.5 PPM Water < 5 PPM

3. Nitrogen System

Tank Size and Specifications:

• The Liquid Nitrogen tank bulk system shall be capable of providing Ultra High

Purity (UHP) Nitrogen gas with a regulator that can deliver a minimum pressure of 175 psig at a maximum flow of 50 SCFM. UHP is defined as 99.999% pure. Gas product shall contain less than 1ppm water and less than 1ppm oxygen. The tank must maintain and deliver at minimum pressure of 175psig during filling.

• The contractor shall provide an appropriately sized bulk tank for Liquid Nitrogen based upon the estimated annual usage listed below. The contractor is responsible to obtain any drawings or specifications necessary to complete installation.

• The bulk tank system shall be installed on an existing 30-foot x 15 foot 3 7/8 inches concrete pad with 4000 psi, which is available for inspection by appointment prior to bidding. The contractor shall provide tank specifications to confirm installation requirements. The tank shall be installed to current fittings and regulators located at the concrete pad location.

• The estimated usage of nitrogen is 32,000 hundred cubic foot (HCF) per year.

• The contractor shall provide a system with a minimum capacity of 3,000 gallons (~11357 liters) of Liquid Nitrogen and shall include a manifold with display for volume and pressure. The contractor may propose an alternative sized system based on estimated usage rates and purpose for the gas product; however, the most cost-efficient solution is preferred, inclusive of all delivery fees.

• The system shall be able to deliver 40 cubic foot per minute (CFM) of nitrogen gas for up to 16 hours of continual usage. The system shall be configured to allow for additional gas capacity should the Government’s requirements change during the course of the base contract period or option years.

• The contractor shall include and install gas gauges on the bulk tank so that the laboratory can monitor gas levels and submit request on an “as needed” basis;

ensuring the product level is maintained at a minimum of 30% tank system capacity.

• Installation of the tank shall include setting up tank pressure of 175psig and economizer pressure. The tank feed line pressure will be set at 145 psig and house line pressure will be set at 135 psig upon installation.

• Prior to formal governmental acceptance, the tank must be cleaned, flushed and/or purged of contaminants to ensure that the gas product meets the minimum specifications for quality and purity, as stated below.

• The contractor shall be responsible for any surveying, planning or inspection necessary to install the tank.

The Contractor shall notify FDA KCHAFL prior to accomplishing a filling request of the bulk tanks for Liquid Nitrogen or Liquid Argon by trans-fill from Dewars instead of the normal delivery truck. All tubing connecting from the bulk tanks to the building lines shall be orbital welded, type 316L stainless steel.

Estimated Annual

Table 3: Bulk Tank Products

Description Grade Estimated Annual Usage (cubic feet)

Liquid Argon UHP 99.999% and not to exceed contaminant specifications in Table 1

300,000

Liquid Nitrogen UHP 99.999% 3,200,000

Table 4: Compressed Gas

Description Grade Estimated

Annual Requirements

Argon, 300 cubic feet cylinder

UHP 99.999%

Helium, Hydrogen, 300 cubic feet cylinder UHP 99.999% 2

Hydrogen 35 cubic feet cylinder

Oxygen 300 cubic feet cylinder UHP 99.999% 2

Nitrogen

Additional Gases

To be determined as part of meeting evolving mission needs

As needed

*Quantities expected herein are estimates only and should not be construed as maximum or minimum requirements. Quantities are accurate to the best of the Government’s ability. Usage fluctuations may affect total requirements.

*Contractors are expected to inspect the storage site by contacting the Contract Specialist identified herein to schedule an appointment. Failure to inspect the site will not relieve the successful contractor from fully meeting the requirements of the resulting contract at the price offered.

Ordering Procedures and Deliverables

Orders will be placed on as-needed basis with frequencies ranging from weekly to monthly.

Orders for gases shall be placed, in writing (email), by the Contracting Officer’s Representative (COR) or other personnel designated by the COR as Ordering Officials to the Contractor’s designated recipients. The contractor shall confirm the order in writing (email) back to the ordering official and COR and deliver the requested items within 48 hours, excluding weekends, federal holidays, or other closures that may occur due to emergent situations. The Contractor shall provide the government with an estimated delivery date and time so that any special arrangements can be made if necessary. The government will provide a delivery point of contact with each order. The contractor shall provide a delivery ticket with each delivery showing the type, certificate of analysis and quantity of gases delivered.

Deliverables Timeline

Liquid Argon Bulk Tank (one item) including installation, purging, filling

Within 30 days of award

Liquid Nitrogen Bulk Tank (one item) including installation, purging, and filling

Within 30 days of award

Delivery of Items from Table 3 and 4 As needed, within 48 hours of order

Removal of contractor owned property Within 30 days of completion of the contract

Upon the completion of the contract, including any option periods exercised, the contractor shall remove all contractor owned property from the facility within 30 days.

The contractor will also coordinate removal with any new contractor and COR to ensure minimal disruption of service to the government.

The contractor may invoice monthly for the amount supplied to the Government.

Security Requirements:

When vendor representatives arrive on site to deliver / install equipment, they will need to provide proper U.S. photo identification to check-in with the Federal Protective Service (FPS) Security Guards in order to enter the building. The vendor representatives will receive an “Escort Required” temporary badge, which must always be worn in the building and will remain escorted by lab personnel during their visit. If vendor need to enter the laboratory, safety glasses must be worn. When their work is complete, the vendor representatives will provide the lab personnel a work order or service receipt detailing the requirements of the visit. The vendor representatives will check-out with the same FPS Security Guards, returning the temporary badge. Tobacco, of any form, and e- cigarettes are not permitted on Federal Property, in Federal Buildings or parking lots.

Vendor representatives must have a POC for contact. When entering the facility, they will be asked if they have any weapons or sharp object in their possession prior to screening. If bringing in a lot of tools, then they should go through the loading dock. Visitor’s form must be completed by the POC prior to entry.

Place of Performance

US Food and Drug Administration Kansas City Human and Animal Food Laboratory 10749 West 84th Terrace Lenexa, KS 66214

Period of Performance

The Period of Performance start from the date of contract award for a period of one Base Year plus Four (4) Option Years. The installation of the bulk tanks for Liquid Argon & Liquid Nitrogen shall take place within 30 days after award.

The estimated Period of Performance is listed below.

Base Period: 1 2 / 1 6 / 2024-12/15/2025 Option Year 1: 1 2 / 1 6 /2025-12/15/2026 Option Year 2: 12/16/2026-12/15/2027 Option Year 3: 12/16/2027-12/15/2028 Option Year 4: 12/16/2028-12/15/2029

Upon exercise of each option period, the amount may be increased or decreased based the amount of available funds and/or estimated Government usage.

Order Type The order type is Firm Fixed Price.

Contracting Officer’s Authority

The Contracting Officer (CO) is the sole person authorized to make or approve any changes in any of the requirements of this order and notwithstanding any provisions contained elsewhere in the order, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment will be made in the order terms and conditions, including price. The CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the order and modify any term or condition of the order. The CO is the only individual who can legally obligate Government funds.

The Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the order price, terms or conditions. The COR/TPOCis responsible for the technical aspects of the project and serves as technical liaison with the Contractor and is responsible for the final inspection and acceptance, and such other responsibilities as may be specified in the order.

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022)

(a) All Invoice submissions for goods and or services must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

http://www.ipp.gov/contractors/index.htm

(b) Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

(c) -----

(1) The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

(2) Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

(3) The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

(4) If your company is already registered to use IPP, you will not be required to re-register.

(5) If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

(d) Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and

(2) substantiate material costs incurred (when applicable).

(e) Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts.

(1) At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

- Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category.

- Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirect)-show rate, base and total amount.

- Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant.

- Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed.

- Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor.

- Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

- Fee – amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

(f) Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(1) list of all invoices submitted to date under the subject award, including the following:

- invoice number, amount, & date submitted

- corresponding payment amount & date received

- total amount of all payments received to date under the subject contract or order

- and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance.

(g) Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

(h) If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(i) Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

(j) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

(k) Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827- ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the

Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

(END OF CLAUSE)

FAR Clauses:

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.] _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

_x_ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

x__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title

II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

x__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the contractor elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] __ (18)

(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.

__ (19)

(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.

__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 2023) of 52.219-9.

__ (22)

(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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

__ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_x_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

x__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_x_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (34) x (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26

__ (35)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (36)

(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.

__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

x__ (39)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (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)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 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.

Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) ( 42 U.S.C. 5150).

x__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[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 for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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.