Inactive Total Small Business Set-Aside (FAR 19.5)

03/14/2024 Posted Q & A Board to SAM.gov 03/14/2024 – Posted Amendment_1 Solicitation Closing date revised to 04/05/2024 Solicitation Amendment_1 IAW FAR 13.307 (C )(3) The solicitation closing date i... 03/14/2024 Posted Q & A Board to SAM.gov 03/14/2024 – Posted Amendment_1 Solicitation Closing date revised to 04/05/2024 Solicitation Amendment_1 IAW FAR 13.307 (C )(3) The solicitation closing date is extended from 03/29/2024 to 04/05/2024 for submission of SF1449 to Contracting Officer via email only to: carol.dingess@usda.gov **Please use solicitation number 12639524Q0080 on subject line Revision for Submission date of First Article Test items : The Contractor shall deliver 5 samples of each color trap to the USDA APHIS PPQ facility in Idaho Falls, ID on or before the revised date of 04/05/2024. Lack of submission of any or all documentation requested may result in no further consideration of quote package. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. (ii) This solicitation number 12639524Q0080 is being issued as a, request for quotation (RFQ) (iii) In accordance with Federal Acquisition Regulation (FAR) clause 52.252-2 Feb 1998)The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. Applicable FAR clauses are incorporated by reference and may be viewed on the following website (s) https://www.acquisition.gov/ https://www.acquisition.gov/agar (iv) This requirement is being issued as a Small Business Set set-aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. In accordance with Agricultural Acquisition Regulation ( AGAR )452.219-70 Size Standard and NAICS Code Information : The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is listed below: NAICS – 322219 Other Paperboard Container Manufacturing SB Size – 1,000 Employees (v) Item Description Line 001 - Paper Delta Trap, 24pt Milk Carton Stock, Hard Glue in the amount of 20,000 each (200 traps/cs) Color: Brown-ID-1901 in accordance with specs. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. Line 002 - Paper Delta Trap, 24pt Milk Carton Stock, Hard Glue in the amount of 20,000 each (200 traps/cs) Color: Green-ID- 1841 in accordance with specs. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. Line 003 - Paper Delta Trap, 24pt Milk Carton Stock, Hard Glue in the amount of 20,000 each (200 traps/cs) Color: Orange-ID-1902 in accordance with specs. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. (vi) Specifications and Description of Requirement: Material: The current trap is suggested to be fabricated of hard sized, liquid packaging grade half-gallon milk carton paperboard stock, 0.024-inch nominal thickness, and polyethylene plastic-coated on both sides. Variance from nominal thickness no greater than +0.002 inches will be tolerable. The coating is typically 0.0062 inches outside (= 9 pounds per 3,000 square feet) and 0.0012 inches inside. It is essential that the traps described herein are capable of withstanding outdoors service for a period of 90 days. Paperboard (such as milk carton grade) must exhibit good liquid holdout capability, especially where edges and cuts are exposed. The drainage holes need to be completely punched out. Fabrication: The size, cutting, perforating, and precreasing will be in accordance with the enclosed blueprint for the Gypsy Moth Paper Delta Trap. Should the precreasing be directional, it should be done in such a manner that will assist in folding the traps into assembly. Precreasing will be done in a manner that does not cut or otherwise damage the plastic coating. Colors and Printing: Traps will be made available in green, brown, and/or orange. The trap interior color will match the exterior. USDA does not require specific shades of green, brown, and orange; however, the green and brown shades should blend well in the natural environment, and the orange should be bold enough to stand out from it. The selected shades of green, brown, and orange must remain consistent within each delivery order of product. The process used to color the trap surfaces will be resistant to fading and able to withstand exposure to sunlight for a period of 90 days without appreciable loss of color. A grid of one-inch squares will be printed on the interior surfaces. The width of the grid lines will be approximately 1/64th of an inch. The printing will be waterproof, visible through the adhesive coating, and unaffected by the adhesive coating. (See attachment for printing details.) Print color must contrast from paperboard color well enough to be seen by a person with colorblindness. Adhesive: The traps will have a layer of adhesive that will not be removed when touched and be proven to be effective at colleting insects. Specifically, we are looking for hard glue or hot melt adhesive. Following application of the adhesive, the traps must be prepared for shipping and storage to prevent the reduction of adhesive quality for capturing of insect targets. USDA would accept inclusion of a release liner over the adhesive material. When traps are assembled the adhesive quality must not be impacted. A uniform coating of adhesive will be applied to the two adjacent surfaces when the trap is assembled. The adhesive may be applied as either one large square pattern covering sections B and C, or as two individual rectangles on sections B and C. The hard glue tackiness specifications can be described using descriptors found below, or others. We request that potential vendors submit such a description with their bid: 180? Peel Maximum Load: x.xx +/- .25 lbs/inch? 180? Peel Average Load: x.xx +/- .25 lbs/inch? Loop Tack: x.xx +/- .35 lbs/in2?? Sampling Testing of Traps Effectiveness It is important that USDA APHIS receives a quality product. Prior to award APHIS may request to evaluate non-price criteria that will focus on overall effectiveness of the Paper Delta Trap, Hard Glue. APHIS will select evaluators, familiar with APHIS Paper Delta Trap protocols, and ask them to evaluate the following questions: Do the samples meet the physical specifications? Does the trap perform as expected? Does the glue stay on the trap? Evaluations will be subjective to the evaluator’s opinions regarding the products. Acceptance Criteria Acceptance will focus on the following factors: Condition of shipping containers upon arrival – those with obvious defects from the shipping process will be rejected. Additional, products must be sent to offset this loss at no expense to the government. Sample testing will occur at various field locations. Samples are due to the USDA APHIS PPQ facility in Idaho Falls, ID no later than 03/22/2024. Latent defects may not be detected until trap deployment. (vii) Shipment will be FOB Destination and Inspection and acceptance is in accordance with FAR Clause 52.212-4(a) (Nov 2023) USDA APHIS PPQ 22675 N. Moorefield Rd. Bldg. 6420 Edinburg, TX 78541 Package Marking/Labeling: The following conditions must be met for the requested products. The over pack packaging must be labeled with the following on at least one side: Name of trap – Paper Delta Trap, Hard Glue Color of trap (green, brown, or orange) Total sum of traps in the box; For example, 10 bundles of 50 would be 500 total traps Lot and batch number of the products Date of Manufacture The following instructions will be printed on 4 vertical sides of each carton with all characters being 3/8 inch high (corresponding information may be handwritten but must be legible): THIS SIDE UP ? DO NOT CRUSH STORE IN A COOL DRY PLACE Packaging: Packaging is an important part of the delivery of these fragile products. The following must be adhered to: The Paper Delta Traps will be packaged/positioned flat in containers not exceeding 35 pounds. The container will be sized to produce a snug fit and strength to withstand shipping, handling, and stacking to the height of five (5) feet without crushing the containers at the bottom of the stack. Safety Data Sheets (SDS) shall be provided to the USDA. The contractor shall provide one SDS copy in each packaging container or its current equivalent. Shipping: Material will be packed for shipment in such a manner that will ensure acceptance by common carriers and safe delivery at destination. Containers and closures will comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation. For Invoice Processing and Payment. Net 15dys ARO in accordance with OMB Dated 06/07/2012 Accelerating Payments to Small Businesses for Goods and Services USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS). Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Supporting documentation include ,for example; maintenance inspection checklist, timecard for labor, travel receipts etc.. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice. Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and Submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ IPP is a secure, web-based system that manages government invoicing. (viii) Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services(Nov 2021) does not apply to this requirement (ix) Evaluation: Evaluation of quotes will be in accordance with Federal Acquisition Regulation ( FAR) 13.106-1 (2) and (FAR) 13.106-2(b)(3) In accordance with Federal Acquisition ( FAR) 13.106-1 (2) the Government will award a purchase order resulting from this solicitation to the responsible Quote conforming to the solicitation that will be the “Best Value” and most advantageous to the Government. In accordance with FAR 13.106-2 (b)(3); First Article Test Results, price, and delivery are the factors to be considered. USDA-APHIS-PPQ requests 5 samples of each color trap with your quote. The characteristics that the first article must meet and the testing requirements are specified elsewhere in the Statement of Work/Specifications. Submission of First Article Test samples will be at no additional cost to the Government. FAR clause 52.225-1, Buy American-Supplies (OCT 2022) and FAR Provision 52.225-2 Buy American Certificate. (OCT 2022) apply to this purchase. Pricing: The Government will evaluate quote prices in accordance with the policies and procedures of part 25.105 of the Federal Acquisition Regulation. Determination of cost reasonableness will be in accordance with Federal Acquisition Regulation 25.106 (b)(1) (x) Provision at 52.212-3 Representations and Certifications—Commercial Items (Nov 2023) applies to this solicitation and is to be completed online at www.sam.gov (xi) The clause at 52.212-4 Contract Terms and Conditions—Commercial Items (Nov 2023), applies to this acquisition. (xii) The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Dec 2023), applies to this acquisition. (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.] __ (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). X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (6) [Reserved]. __ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (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. X (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] X (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 (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)). __ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. __ (v) Alternate IV (Sep 2023) of 52.219-9. __ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)). __ (ii) Alternate I (Mar 2020) of 52.219-13. __ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)). __ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)). __ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) . X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (ii) Alternate I (Jul 2014) of 52.222-35. X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). __ (ii) Alternate I (Jul 2014) of 52.222-36. (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (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 (Jun2014) 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. X (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 (Jun2016) (E.O. 13693). __ (51)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. X (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 (NOV 2023) 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). X (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 (Nov2007) ( 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). X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). (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.] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67). (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. 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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (v) 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). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). (B) Alternate I (Dec 2023) of 52.204–30. (viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xvi)(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). (xvii) 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). (xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxiii) 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). (xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxvi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) The following clauses and provisions also apply to this acquisition 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.204-13 System for Award Management Maintenance (Oct 2018) 2.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021) 52.212-4 Contract Terms and Conditions—Commercial Items. (Nov 2023) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023) 52.204–28 - Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) 52.204–30 - Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.209-4 -- First Article Approval -- Government Testing. (Sep 1989) 452.204-70 Modification for Contract Closeout. (JULY 2022) 52.252-1 Solicitation Provisions Incorporated ...