W912HZ24R0008 Amendment 00001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to post the Question and Answ er, update clauses and the Performance Work Statement. The Amendment closing date is extended to May 14, 2024. All proposals and Amendments are due May 14, 2024 at 12:00PM.

1. CONTRACT ID CODE PAGE OF PAGES

1 51

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-May-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912HZ24R0008

X 9B. DATED (SEE ITEM 11)

17-Apr-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-May-2024

CODE

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

W912HZ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HZ24R0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

ADDITIONAL INFORMATION

Questions and Answers

Q1. We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current / previous contract number?

A1. This is a brand new contract.

Q2. Typically, we are only requested to perform the Annual Certification procedures, which includes face velocity testing, smoke visualization testing, and site assessment testing (sash operations, alarm testing etc.). We are just wanting to clarify that the full ASHRAE 110 test (AM and AI tests) are required, and checking to see if these test procedures were mistakenly put in the bid solicitation. Doing the full ASHRAE 110 test, including mannequin tracer gas testing, will substantially increase the costs (up the 10 times the normal cost of an annual fume hood certification).

A2. We agree that the normal Annual Certification procedure is sufficient. The PWS has been amended to reflect this change.

End of Questions and Answers.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 10-May-2024 12:00 PM to 14-May-2024 12:00 PM.

The Acquisition Set Aside has changed from HUBZone Small Business to Small Business.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PWS

Performance Work Statement

EL Re-Certification and Maintenance of Fume Hoods and Biohoods

US Army Engineer Research and Development Center Environmental Laboratory

Introduction The US Army Engineer Research and Development Center, Environmental Laboratory, Environmental Processes and Engineering Division (EPED) and Ecosystem Evaluation and Engineering Division (EED) have a need for annual re-certification and maintenance of fume and bio hoods located within the laboratories in the EL.

Specific Needs for Buildings Minimum needs of the service contract include annual and optional maintenance to all fume and bio hoods located within the laboratories of the EL.

The Contractor must have the following certifications, accreditation by the Associated Air Balance Council (AABC) for at least 10 years and have attained the AABC Commissioning Group (ACG) certification seal. In addition to AABC accreditation, all servicing contractor technicians must have current NSF Biosafety Cabinet Field Certifier Accreditation. Biosafety cabinets must be services and calibrated according to the NSF/ANSI Standard 49-2012.

If any hood requires replacement parts, all replacement parts must be new parts that meet the specifications of the hood that is being serviced.

Table 1 – Fume and Bio Hood information

Width Building Location/Room

# MAKE MODEL DETAILS

4' B3284 Rm 19C Labconco Protector Fume Hood

3' B3297 Mezzanine, middle fishbowl St Charles U4V-006476

U4V-006476:

Fume Hood

5' B3297 RM 116 Kewuanee Supreme Air U4V-006498:

Fume Hood

5' B3297 Rm 116 Kewuanee Supreme Air U4V-006499:

Fume Hood

8' B3297 Rm 117 Kewuanee Supreme Air u4v-006500: Fume Hood

4' B3297 Rm 201 AMS U4V-006504 U4V-006504:

Fume Hood

4' B3297 Rm 202 AMS U4V-006501 U4V-006501:

Fume Hood

4' B3297 Rm 202 AMS U4V-006502 U4V-006502:

Fume Hood

5' B3297 Rm 204 AMS U4V-006503 U4V-006503:

Fume Hood

6' B3297 Rm 206 Hamilton SafeAire / U4V- 006510

U4V-006510:

Fume Hood

5' B3297 Rm 207 Hamilton SafeAire U4V-006511:

Fume Hood

5' B3297 Rm 207 Hamilton SafeAire U4V-006512:

Fume Hood

6' B3297 Rm113 Kewuanee Supreme Air U4V-006493:

Fume Hood

8' B3297 Rm114 Kewuanee Supreme Air U4V-006497:

Fume Hood

5ft B3299 Rm 103 LabConco Recirculating Fume Hood

6ft B3299 Rm 110 LabConco 11061030031894

6' Protector XStream Lab Hood

4ft B3299 Rm 121 LabConco 11011030031894

4' Protector XStream Lab Hood

4ft B3299 Rm 122 LabConco 11011030031894

4' Protector XStream Lab Hood

4ft B3299 Rm 127 LabConco 11011030031894

4' Protector XStream Lab Hood

8ft B3299 Rm 128 LabConco 11081030031894

8' Protector XStream Lab Hood

8ft B3299 Rm 128 LabConco 11081030031894

8' Protector XStream Lab Hood

8ft B3299 Rm 128 LabConco 11081030031894

8' Protector XStream Lab Hood

4ft B3299 Rm 131 LabConco 11011030031894

4' Protector XStream Lab Hood

8ft B3299 Rm 134 LabConco 11081030031894

8' Protector XStream Lab Hood

6ft B3299 Rm 135 LabConco 11061030031894

6' Protector XStream Lab Hood

B3299 Rm 144 LabConco Chemical Fume Hood Walk In

4ft B3299 RM122 LabConco 11011030031894

4' Protector XStream Lab Hood

6ft B3299 Rm129 LabConco 11061030031894

6' Protector XStream Lab Hood

6ft B3299 Rm129 LabConco 11061030031894

6' Protector XStream Lab Hood

6ft B3299 Rm129 LabConco 11061030031894

6' Protector XStream Lab Hood

6ft B3299 Rm135 LabConco 11061030031894

6' Protector XStream Lab Hood

4-1/2' B5036 Bio Lab 2/RM5 LabConco 3.02E+08 A2 Fume Hood

B5036 Not Currently Installed / TBD Labconco

Protector PVC Laboratory Fume Hood for Acid Digestion (acid resistant fume hood)

B5036 Not Currently Installed

Fume hood (regular, non-acid resistant)

6ft B5036 Rm 10 Kewaunee Supreme Air LV Fume Hood

4' B5036 Rm 20 Kewaunee Supreme Air / U4V-006724

U4V-006724:

Fume Hood

3' B5036 Rm 5 U4V-006725 U4V-006725:

Fume Hood

5 B5036 Rm19 Kewaunee Fume Hood

B5036 Rm21 Kewaunee Supreme Air / U4V-006722

U4V-006722:

Fume Hood

4 B6000 Rm 65B

Laboratory Design & Supply U4V-004227

Fume Hood- U4V- 004227 Numbered EF5 - Ducted

4 B6000 Rm 65D

Laboratory Design & Supply U4V-004229

Fume Hood-U4V- 004229 Numbered EF-6 - Ducted

4 B6000 Rm 77

Laboratory Design & Supply U4V-004228

Fume Hood-U4V- 004228 Numbered EF-4 - Ducted

6 B6000 Rm 80 Kewuanee H05 Chemical Fume Hood

6 B6000 Rm 80 Kewuanee H05 Chemical Fume Hood

4 B6000 Rm 81 LabConco Basic 47 Chemical Fume Hood

6 B6000 Rm 83 Kewuanee H05 Chemical Fume Hood

6 B6000 Rm 89 Fisher Science 93-608Q

Chemical Fume Hood

4 B6008 2nd Floor

BMC

Labs? B-604

Airfoil Bypass Fume Hood

4 B6008 2nd Floor

BMC

Labs? B-604

Airfoil Bypass Fume Hood

6 B6008 Rm 101

Laboratory Design & Supply U4V-006843

U4V-006843:

Chemical Fume Hood

4 B6008 Rm 109

Laboratory Design & Supply U4V-006847

U4V-006847:

Chemical Fume Hood

4 B6008 Rm 109

Laboratory Design & Supply U4V-006848

U4V-006848:

Chemical Fume Hood

5 B6008 Rm 111

Laboratory Design & Supply U4V-006853

U4V-006853:

Fume Hood

6 B6008 Rm 112 Labconco U4V-006851

U4V-006851:

Chemical Fume Hood

6 B6008 Rm 119 Labconco 9902100

U4V-006839:

Chemical Fume Hood

4 B6008 RM113A

Laboratory Design & Supply U4V-006849

U4V-006849:

Fume Hood

4 B6009 wetlab Labconco Basic 47 U4V-006822

Fume Hood-U4V- 006822

2.5 B6011 Ste B, Rm 16

UVP (now Analytik Jena US) UV3

UV3 Hepa PCR Workstation

2.5 B6011 Ste B, Rm 17

UVP (now Analytik Jena US) UV3

UV3 Hepa PCR Workstation

4 B6011 suite A Labconco U4V-001979

U4V-001979:

Chemical Fume Hood

4 B6011 suite C Labconco U4V-001984

U4V-001984:

Chemical Fume Hood

3 B6011 Suite E PurAir P5-36 Ductless Hood

4 B6011 suite E Labconco U4V-001288

U4V-001288:

Chemical Fume Hood

5 B6011 Syn Bio Lab Labconco Echo Benchtop Ductless Fume Hood

77-3/4" B3297 Rm 113 NuAire NU-425-600

Series 23 Class II Type A/B3 Biosafety hood

3 B6000 Rm 80 Air Science PurAir PCR laminar hood

3 B6000 Rm 80 Air Science PurAir PCR laminar hood

6 B6000 Rm 81 NuAire NU-425-600

Laminar Flow Biological Safety Cabinet Class II Type A/B3

6 B6000 Rm 83 NuAire NU-425-600

Laminar Flow Biological Safety Cabinet Class II Type A/B3

4.5 B6000 Rm 93 NuAire NU-430-400

Laminar Flow Biological Safety Cabinet Class II Type B2

6 B6000 Rm80 NuAire NU-560-601

Laminar Flow Biological Safety Cabinet Class II Type B2

6 B6000 Rm83 NuAire NU-560-601

Laminar Flow Biological Safety Cabinet Class II Type B2

4 B6008 2nd Floor NuAire NU-425-400

Class II Type A/B3 Biological Safety Cabinet

4.5 B6011 Ste B, Rm 13 Labconco Logic + A2

Biosafety Cabinet, Purifier

2.5 B6011 Ste B, Rm 16

UVP (now Analytik Jena US)

Hepa/UV Sterilizing PCR Workstation

3 B6011 Suite E Labconco Logic + 30210000

Biosafety hood - Ductless Hood

3 B6011 suite E Labconco Logic + 30210000

Biosafety hood - Ductless Hood

5.5 B6011 Syn Bio Lab Labconco Logic + A2

Biosafety Cabinet, Purifier

Snorkel B3299 Rm 121B NA NA Snorkel 121-1 Snorkel B3299 Rm 122 NA NA Snorkel 122-1 Snorkel B3299 Rm 127 NA NA Snorkel 127-2 Snorkel B3299 Rm 128 NA NA Snorkel 128-1 Snorkel B3299 Rm 128 NA NA Snorkel 128-2 Snorkel B3299 Rm 128 NA NA Snorkel 128-3 Snorkel B3299 Rm 128 NA NA Snorkel 128-4 Snorkel B3299 Rm 128 NA NA Snorkel 128-5 Snorkel B3299 Rm 129 NA NA Snorkel 129-1 Snorkel B3299 Rm 129 NA NA Snorkel 129-2 Snorkel B3299 Rm 129 NA NA Snorkel 129-3 Snorkel B3299 Rm 129 NA NA Snorkel 129-4 Snorkel B3299 Rm 131 NA NA Snorkel 131-1 Snorkel B3299 Rm 131 NA NA Snorkel 131-10 Snorkel B3299 Rm 131 NA NA Snorkel 131-2 Snorkel B3299 Rm 131 NA NA Snorkel 131-3 Snorkel B3299 Rm 131 NA NA Snorkel 131-4 Snorkel B3299 Rm 131 NA NA Snorkel 131-5 Snorkel B3299 Rm 131 NA NA Snorkel 131-6 Snorkel B3299 Rm 131 NA NA Snorkel 131-7

Snorkel B3299 Rm 131 NA NA Snorkel 131-8 Snorkel B3299 Rm 131 NA NA Snorkel 131-9 Snorkel B3299 Rm 134 NA NA Snorkel 134-1 Snorkel B3299 Rm 134 NA NA Snorkel 134-2 Snorkel B3299 Rm 134 NA NA Snorkel 134-3 Snorkel B3299 Rm110 NA NA Snorkel 110-1 Snorkel B3299 Rm110 NA NA Snorkel 110-2 Snorkel B3299 Rm110 NA NA Snorkel 110-3 Snorkel B3299 Rm110 NA NA Snorkel 110-4 Snorkel B3299 Rm127 NA NA Snorkel 127-1 Snorkel B3299 Rm135 NA NA Snorkel 135-1 Snorkel B3299 Rm135 NA NA Snorkel 135-2 Snorkel B3299 Rm135 NA NA Snorkel 135-3

Task 1

All fume hoods and snorkels located within various laboratories require the following re-certifications annually,

• Inflow face velocity profiling

• Airflow smoke visualization testing

• Sash and cable inspections

All bio hoods located within various laboratories require the following re-certifications annually,

• Inflow velocity measurements – must ensure proper inflow is maintained for operator and environmental protection.

• Downflow velocity measurements – documents the air in the work area is unidirectional and functioning as designed, preventing cross contamination, and providing product protection from the environment.

• HEPA Filter Integrity Testing – documents leakage or defects and ensures HEPA filters provide adequate filtration protection for the operator and environment.

• Smoke pattern testing – qualitatively verifies airflow directions using a small source of visible fog.

• Site installation testing and alarm calibration – confirms alarm performance and assesses installation of units for NSF and OSHA compliance.

Optional Task 1.1 Testing for fume hoods and snorkels,

• Local and large volume smoke visualization testing

• Cross-draft testing

• VAV (Variable Air Volume) response testing

Optional Task 1.2 testing for Bio hoods,

• Non-viable particle counting – performed in accordance with ISO 14644-1 or EC Annex 1, and provides a quantitative evaluation of air quality in terms of particulate in the area.

• UV light testing – ensures the UV light operates adequately and provides UVC output for the proper exposure calculation.

Task 2 Optional

All fume hoods and snorkels located within various laboratories require the following re-certifications annually,

• Inflow face velocity profiling

• Inflow velocity measurements – must ensure proper inflow is maintained for operator and environmental

• Downflow velocity measurements – documents the air in the work area is unidirectional and functioning as designed, preventing cross contamination, and providing product protection from the environment.

• HEPA Filter Integrity Testing – documents leakage or defects and ensures HEPA filters provide adequate filtration protection for the operator and environment.

• Smoke pattern testing – qualitatively verifies airflow directions using a small source of visible fog.

• Site installation testing and alarm calibration – confirms alarm performance and assesses installation of

Optional Task 2.1 Testing for fume hoods and snorkels, Optional Task 2.2 testing for Bio hoods,

• Non-viable particle counting – performed in accordance with ISO 14644-1 or EC Annex 1, and provides a quantitative evaluation of air quality in terms of particulate in the area.

Task 3 Optional

All fume hoods and snorkels located within various laboratories require the following re-certifications annually,

• Inflow face velocity profiling

• Inflow velocity measurements – must ensure proper inflow is maintained for operator and environmental

• Downflow velocity measurements – documents the air in the work area is unidirectional and functioning as designed, preventing cross contamination, and providing product protection from the environment.

• HEPA Filter Integrity Testing – documents leakage or defects and ensures HEPA filters provide adequate filtration protection for the operator and environment.

• Smoke pattern testing – qualitatively verifies airflow directions using a small source of visible fog.

• Site installation testing and alarm calibration – confirms alarm performance and assesses installation of

Optional Task 3.1 Testing for fume hoods and snorkels, Optional Task 3.2 testing for Bio hoods,

• Non-viable particle counting – performed in accordance with ISO 14644-1 or EC Annex 1, and provides a quantitative evaluation of air quality in terms of particulate in the area.

Task 4 Optional

All fume hoods and snorkels located within various laboratories require the following re-certifications annually,

• Inflow face velocity profiling

• Inflow velocity measurements – must ensure proper inflow is maintained for operator and environmental

• Downflow velocity measurements – documents the air in the work area is unidirectional and functioning as designed, preventing cross contamination, and providing product protection from the environment.

• HEPA Filter Integrity Testing – documents leakage or defects and ensures HEPA filters provide adequate filtration protection for the operator and environment.

• Smoke pattern testing – qualitatively verifies airflow directions using a small source of visible fog.

• Site installation testing and alarm calibration – confirms alarm performance and assesses installation of

Optional Task 4.1 Testing for fume hoods and snorkels, Optional Task 4.2 testing for Bio hoods,

• Non-viable particle counting – performed in accordance with ISO 14644-1 or EC Annex 1, and provides a quantitative evaluation of air quality in terms of particulate in the area.

Task 5 Optional

All fume hoods and snorkels located within various laboratories require the following re-certifications annually,

• Inflow face velocity profiling

• Inflow velocity measurements – must ensure proper inflow is maintained for operator and environmental

• Downflow velocity measurements – documents the air in the work area is unidirectional and functioning as designed, preventing cross contamination, and providing product protection from the environment.

• HEPA Filter Integrity Testing – documents leakage or defects and ensures HEPA filters provide adequate filtration protection for the operator and environment.

• Smoke pattern testing – qualitatively verifies airflow directions using a small source of visible fog.

• Site installation testing and alarm calibration – confirms alarm performance and assesses installation of

Optional Task 5.1 Testing for fume hoods and snorkels, Optional Task 5.2 testing for Bio hoods,

• Non-viable particle counting – performed in accordance with ISO 14644-1 or EC Annex 1, and provides a quantitative evaluation of air quality in terms of particulate in the area.

Period of Performance: Each task or option has specific requirements for 12 month period beginning with date of award.

Security Requirements Access and General Protection/Security Policy and Procedures: All contractor and all associated subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Person Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language:

"All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language:

"All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

Performance Requirements The Performance Requirement Summary is the list of performance objectives and standards that must be performed by the contractor. This matrix details the method of surveillance that will be used to validate and inspect these performance elements.

In evaluating the quality of contractor’s performance, the following performance ratings will be used.

Performance Rating

Criteria

Excellent / Outstanding

Performance meets contractual requirements and exceeds many to the government’s benefits. The contractual performance of the element or sub-element being assessed was accomplished with no problems and contractor actions were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the government benefits. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Good Performance meets contractual requirements. The contractual performance contains some minor problems for which corrective actions taken by the contractor were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

4.1 Performance Requirement Summary (PRS)

Statements Standards/AQLs Inspections Incentive /Disincentive

The Contractor shall perform annual recertifications according to safety requirements on Fume hoods, bio safety hoods / cabinets, and snorkels.

Deliverables:

1 Reports detailing recertification for each hood or snorkel.

a) Recertification of hoods and snorkels according to each manufacturer’s manual.

AQL: Proof of re-certification of each hood and snorkel.

What: Perform annual testing and certification on each hood / snorkel.

How: Customer feedback Who: Technical POC and COR Standard(s):

Standards apply to all inspections

Rate contractor performance according to rating table.

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been modified:

ADMIN DATA

CONTRACTING POC:

Contract Specialist Amanda Andrews Phone: 601-634-5249 Email: Amanda.Andrews@usace.army.mil

Contracting Officer Sonia Boyd Phone: 601-751-0822 Email: Sonia.J.Boyd@usace.army.mil

CONTRACTING OFFICER REPRESENTATIVE:

TBD

DELIVERY ADDRESS:

TBD

INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE IN ACCORDANCE WITH FAR 32.905 (b)(1), OR INVOICE INSTRUCTIONS CONTAINED ELSEWHERE IN THIS DOCUMENT (such as 52.212-4(g))

(2) SUBMIT INVOICE TO: CEFC.CEFC-payments@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE POC AT:

TBD

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR’S FINAL INVOICE SHALL BE

SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE DATE SPECIFIED IN

THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS

OUTLINED ABOVE. IN ADDITION A COPY MUST BE SENT TO:

Amanda.Andrews@usace.army.mil

Only a warranted Contracting Officer acting within his or her appointed limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.

mailto:Amanda.Andrews@usace.army.mil mailto:CEFC.CEFC-payments@usace.army.mil mailto:Amanda.Andrews@usace.army.mil

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 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).

___ (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).

___ (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).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (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.

XX (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).

___ (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 offeror 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. 657s).

____ (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) (15 U.S.C. 657s).

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

XX (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

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

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

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

XX (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).

XX (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). (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.)

____ (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 (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (44)(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.

____ (45)(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.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(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.

____ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (53)(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.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (55) 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).

____ (56) 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).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 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).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

XX (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (67)(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.]

XX (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).

_____ (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).

XX (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).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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.

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