S02 - RFQ 36C10A23Q0081.pdf
PDF 499 KB Posted
- Attached to
- DA01--NEW - DataFax Server Software License ReCompete (VA-23-00036295) Federal contract opportunity
- Solicitation number
- 36C10A23Q0081
About this file
This request for quotation (RFQ) solicits proposals for DataFax server software licenses, maintenance, support, and user seats for the Department of Veterans Affairs (VA). The VA requires software maintenance for existing DFdiscover products, including up to 100 server licenses distributed as needed within VA cooperative studies programs. Licenses provide access to desktop, tablet, web versions and APIs. The base period of performance is from date of award through March 8, 2024. Optional tasks include technical support and training. Responses are due by March 14, 2023. Pricing must be the respondent's best discounts from standard commercial pricing and include plans for any optional increases. Awards will be fixed-price.
The RFQ details product descriptions, periods of performance, delivery information, and instructions for quote submissions in PDF, Word or Excel format. Respondents must demonstrate how their quotes meet requirements and identify any exceptions. The VA will evaluate the base year plus first option year and half of the first option period. Labor categories and rates must be included for optional CLINs. Federal acquisition regulations and standard contract clauses apply. Overall the RFQ solicits fixed-price proposals to continue providing DataFax server software, licenses and maintenance to the VA through optional periods.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| S02 - Final Product Description - DataFaxv.2 3.3.23.pdf | ||
| 36C10A23Q0081_1.docx | DOCX document | |
| S02 - Redacted_SS JA - DataFax2.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TAC
116-23-2-4777-0009
36C10A23Q0081 03-10-2023
Samantha McIntyre (512) 981-4474 03-14-2023
10:00AM EST
Department of Veterans Affairs Technology Acquisition Center Procurement Service G 23 Christopher Way Eatontown NJ 07724
X
513210
$47 Million
N/A
X
See Schedule
Y
Department of Veterans Affairs Technology Acquisition Center Procurement Service G 23 Christopher Way Eatontown NJ 07724
Y
Department of Veteran Affairs Financial Services Center P.O. Box 149971
Austin TX 78714-8971
(877) 353-9791
Brand Name DFdiscover (also known as DataFax or iDataFax) Software Servers Licenses, Maintenance, Support and User Seats
See Section B.1 for Schedule of Supplies and Services
SEE CONTINUATION PAGES
116-3630167-4777-197100-2324 T3AD1AAC5; PO #: TBD
X X
LORI L. WALKER
Request for Quotation: 36C10A23Q0081
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 SCHEDULE OF SUPPLIES AND SERVICES
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
Brand Name DFdiscover (as known as DataFax or iDataFax) Servers Software Licenses and Maintenance The Department of Veterans Affairs (VA), Office of Information and Technology, Cooperative Studies Program Coordinating Centers requires software maintenance for the following DFdiscover software products currently in use at the VA in accordance with (IAW) the embedded Product Description (PD), dated March 1, 2023.
Inspection/Acceptance:
Destination Note: Software support is effective Date of Award. There were no new releases or versions received during the period March 9, 2023 through Date of Award. However, the Government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software support that was received during this period.
Period of Performance:
Date of Award – 03/08/2024
ARM SN: 145415
IFCAP No.: TBD Deliver to:
Provided at Award Primary Point of Contact:
POC to be provided at award
0001 Description DFdiscover Software Enterprise License for all VA Cooperative Studies Programs Up to 100 server licenses for the VA to distribute as needed for use within the Cooperative Studies Program. Up to 400 concurrent users per server. Up to 255 paper case report form (CRF) studies per server, with a total of 999 studies maximum. Server includes:
• Production servers
• Test servers
• Development servers
• UAT/Validation servers
• Training servers
• Archive servers, including previous versions of the software
• Sandbox servers
• Replication / disaster recovery servers
Access to all desktop, tablet, and web versions of the software, including:
1 LOT
(LO)
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
• DFexplore data management
• Randomization edit check module
• DFadmin study and server administration
• DFsetup study setup
• DFsend drag-and-drop scanned CRF upload
• DFATK User Acceptance Test Kit
• DFweb
• DFcollect Android/iOS tablet app
• Access to DFws API.
0002 Description:
DF Toolkit DFtoolkit is a suite of utilities that provide enhanced reports and information for studies using the DFdiscover (DataFax) systems. The tools produce: annotated CRFs/eCRFs with corresponding data dictionary information; PDFs of participant binders for study closeout; DF edit check listings; QC database data in a spreadsheet format with charts; schema data in spreadsheet format; data quality reports with color-coded charts; study version comparison report.
Contractor shall deliver the DF Toolkit within 45 calendar days from award
• annotatedCRF a tool for generating annotated CRFs and eCRFs with filled numbers and major field attributes like name, alias, modules, type, length, formats legal ranges, coding and priority
• closeoutPDF a tool for generating subject binders (generally for closeout purposes) including data laid out in CRF/eCRF view, a data field value listing (useful for longer values that don’t fit in the boxes), attached images (primary and optionally secondary) and field audit history in chronological and by field order. Can include deleted and/or lost (missing) records.
• EClist a report detailing which edit checks are on each field (one per line).
1 LO $________ $_________
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
• QC2Excel a program for converting the QC database to Excel format complete with charts, priorities and the ability to generate site friendly and specific files that can be easily e-mailed with a single button.
• schema2excel a program for converting the setup into Excel format
• dataquality a program for generating a data quality report showing performance by country, site and patient. Includes breakdowns of number of QCs of each type, QCs/subject, how many are >60 days old, consecutive overdue visits, color coding of best to worst, etc. Can generate site specific report cards based on a user defined template with rules
• schemadiff a program to compare versions of a study definition and highlight their differences.
Total for Base Year: $__________ Base Year Optional Task: Option to Increase Quantities IAW Federal Acquisition Regulation
(FAR) 52.217-7, “Option for Increased Quantity – Separately Priced Line Item” Optional Contract Line Item Numbers (CLINs) may be exercised anytime within the specific period of performance, but total amounts exercised shall not exceed the quantities listed below.
0003 Description:
Technical Support Ad hoc technical support for custom software enhancements for the VA internal cloud computing environment. This includes custom developed code to be released to the VA for VA projects.
May include time for background and security checks, travel, onsite visits, programming, and documentation as required.
Support to include licenses for DFengage and/or DFconsent.
Not to Exceed (NTE) Amount (AMT): To Be Determined (TBD)
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
0004 Description:
Training Ad hoc training sessions for new staff as well as rollout of new features.
Contractor shall provide remote 2-hour Group Trainings, Half-Day Introduction/Intermediate Data Manager Training and Training Customization with quote NTE Amt: TBD
1 LO $________ $_________
Total for Optional Tasks: $__________ Total for Base Year and Optional Tasks: $__________
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
Brand Name DFdiscover (as known as DataFax or iDataFax) Servers Software Licenses and Maintenance The Department of Veterans Affairs (VA), Office of Information and Technology, Cooperative Studies Program Coordinating Centers requires software maintenance for the following DFdiscover software products currently in use at the VA in accordance with (IAW) the embedded Product Description (PD), dated March 1, 2023.
Inspection/Acceptance:
Destination Period of Performance:
03/09/2024 – 03/08/2025
ARM SN: TBD
IFCAP No.: TBD Deliver to:
Provided at Award Primary Point of Contact:
POC to be provided at award
Option Year One: Option for an additional 12-months for DFdiscover (as known as DataFax or iDataFax) Servers Software Licenses and Maintenance
IAW 52.217-9, “Option to Extend the Term of the Contract” 1001 Description
DFdiscover Software Enterprise License for all VA Cooperative Studies Programs Up to 100 server licenses for the VA to distribute as needed for use within the Cooperative Studies Program. Up to 400 concurrent users per server. Up to 255 paper CRF studies per server, with a total of 999 studies maximum.
Server includes:
• Production servers
• Test servers
• Development servers
• UAT/Validation servers
• Training servers
• Archive servers, including previous versions of the software
• Sandbox servers
• Replication / disaster recovery servers
Access to all desktop, tablet, and web versions of the software, including:
• DFexplore data management
• Randomization edit check module
• DFadmin study and server administration
• DFsetup study setup
1 LOT
(LO)
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
• DFsend drag-and-drop scanned CRF upload
• DFATK User Acceptance Test Kit
• DFweb
• DFcollect Android/iOS tablet app
• Access to DFws API.
1002 Description:
DF Toolkit DFtoolkit is a suite of utilities that provide enhanced reports and information for studies using the DFdiscover (DataFax) systems. The tools produce: annotated CRFs/eCRFs with corresponding data dictionary information; PDFs of participant binders for study closeout; DF edit check listings; QC database data in a spreadsheet format with charts; schema data in spreadsheet format; data quality reports with color-coded charts; study version comparison report.
Contractor shall deliver the DF Toolkit within 45 calendar days from award
• annotatedCRF a tool for generating annotated CRFs and eCRFs with filled numbers and major field attributes like name, alias, modules, type, length, formats legal ranges, coding and priority
• closeoutPDF a tool for generating subject binders (generally for closeout purposes) including data laid out in CRF/eCRF view, a data field value listing (useful for longer values that don’t fit in the boxes), attached images (primary and optionally secondary) and field audit history in chronological and by field order. Can include deleted and/or lost (missing) records.
• EClist a report detailing which edit checks are on each field (one per line)
• QC2Excel a program for converting the QC database to Excel format complete with
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
charts, priorities and the ability to generate site friendly and specific files that can be easily e-mailed with a single button.
• schema2excel a program for converting the setup into Excel format
• dataquality a program for generating a data quality report showing performance by country, site and patient. Includes breakdowns of number of QCs of each type, QCs/subject, how many are >60 days old, consecutive overdue visits, color coding of best to worst, etc. Can generate site specific report cards based on a user defined template with rules.
• schemadiff a program to compare versions of a study definition and highlight their differences.
Total for Option Year One: $__________ Option Year One Optional Task: Option to Increase Quantities IAW Federal Acquisition
Regulation (FAR) 52.217-7, “Option for Increased Quantity – Separately Priced Line Item” Optional Contract Line Item Numbers (CLINs) may be exercised anytime within the specific period of performance, but total amounts exercised shall not exceed the quantities listed below.
1003 Description:
Technical Support Ad hoc technical consulting and support for custom software enhancements for the VA internal cloud computing environment as needed. This includes custom developed code to be released to the VA for VA projects.
May include time for background and security checks, travel, onsite visits, programming, and documentation as required.
Support to include licenses for DFengage and/or DFconsent.
NTE Amt: TBD
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QTY
22.
UNIT
23.
UNIT
PRICE
24.
AMOUNT
1004 Description:
Training Ad hoc training sessions for new staff as well as rollout of new features.
Contractor shall provide remote 2-hour Group Trainings, Half-Day Introduction/Intermediate Data Manager Training and Training Customization with quote NTE Amt: TBD
1 LO $________ $_________
Total for Optional Tasks: $__________ Total for Option Year One and Optional Tasks: $__________
Governing Law (continuation of Schedule of Supplies and Services above):
Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. §3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S.
Department of Justice (DOJ in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by contract/order modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.
SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:
(1) Definitions.
a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”
b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.
c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.
d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.
e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.
f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.
g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).
(2) Software License.
a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.
b) The Government may use the software in a networked environment.
c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).
d) All limitations of software usage are expressly stated in the Schedule of
Supplies/Services and the Performance Work Statement/Product Description
(3) Software Maintenance and Technical Support.
a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.
b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.
c) Any telephone support provided by Contractor shall be at no additional cost.
d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).
e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.
(4) Disabling Software Code.
The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.
(5) Manuals and Publications.
Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.
B.2 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: See Block 17a
b. GOVERNMENT: Contracting Officer 36C10A Department of Veterans Affairs Technology Acquisition Center Procurement Service G 23 Christopher Way Eatontown NJ 07724
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award
Management, or [] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Payment shall be made upon receipt and acceptance
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
See website at:
http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The respondent acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.3 ACCOUNTING AND APPROPRIATION DATA
Funds in the amount of $TBD are obligated on IFCAP Order Number TDB to fund CLIN 0001 – 0002. The contractor shall reference the IFCAP Order Number on each invoice submitted for payment.
B.4 PRODUCT DESCRIPTION
See Attached Product Description: DFdiscover (as known as DataFax or iDataFax) Servers Software Licenses and Maintenance, dated March 1, 2023.
http://www.fsc.va.gov/einvoice.asp
SECTION C - CONTRACT CLAUSES
I. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND
CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
FAR
Number
Title Date
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER
RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
OCT 2018
52.204-18
52.219-30
COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE
AWARD TO, WOMEN-OWNED SMALL BUSINESS
CONCERNS ELIGIBLE UNDER THE WOMEN-
OWNED SMALL BUSINESS PROGRAM
AUG 2020
OCT 2022
52.224-1 PRIVACY ACT NOTIFICATION APR 1984
52.227-1 AUTHORIZATION AND CONSENT JUN 2020
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT
AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007
52.232-39
52.232-40
UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
ACCELERATED PAYMENTS TO SMALL BUSINESS
JUN 2013
NOV 2021
52.242-13 BANKRUPTCY
(End of Clause)
JUL 1995
C.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED
CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;
and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of Clause)
C.3 FAR 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY
PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of Clause)
C.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the period of performance ends.
(End of Clause)
C.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years.
(End of Clause)
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE
(DEC 2022)
The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.
(End of Clause)
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUEST (NOV 2018)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
https://www.acquisition.gov/far/part-32#FAR_32_001 https://www.va.gov/oal/library/vaar/vaar852.asp#85223272c https://www.acquisition.gov/far/part-32#FAR_32_001
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI)
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause) (End of Addendum to FAR 52.212-4)
II. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED
TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC
2022)
(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)).
https://www.va.gov/oal/library/vaar/vaar852.asp#85223272e https://www.acquisition.gov/far/part-32#FAR_32_905
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (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) 52.233-3, 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 products and commercial services:
[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).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.
111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.
6101 note).
[X] (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 (OCT 2022) (15 U.S.C. 657a).
[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (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.
[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C.
637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (OCT 2022) (15 U.S.C. 657s).
[] (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 (OCT 2022) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (OCT 2022) (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 (OCT 2022) (15 U.S.C.
637(m)).
[X] (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 (OCT 2022) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (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 (JULY 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 (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (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 (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).
[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)
[] (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 (JUN 2014) 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 (JUN 2016) (E.O. 13693).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (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 (DEC 2022) (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 (JAN 2021) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[X] (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).
[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (56) 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).
[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (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 (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:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage-Fringe Benefits
[] (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) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C.
chapter 67).
[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
[X] (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. 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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