Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 01 The purpose of this amendment is to provide responses to RFI's, see attachment Request for Information 127EAS23R0002. Add attachment 08b Strata 2, Natural Stand Biomass plot Cruise Instru... Amendment 01 The purpose of this amendment is to provide responses to RFI's, see attachment Request for Information 127EAS23R0002. Add attachment 08b Strata 2, Natural Stand Biomass plot Cruise Instructions. Add attachment 08c Strat 3 and 4, Plantation Saw and Bio Plot Cruise Instructions (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a Request for Proposal (RFP) under solicitation number 127EAS23R0002. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02. (iv) This procurement is set aside for total small business. The NAICS code is 115310 and the Small Business Size Standard is $11.5 Million. (v) Schedule of Items/Price Schedule Schedule of Items Project Description: Region 05 Professional Forestry Services IDIQ 127EAS23R0002 Vendor Name: __________________________________ Vendor UEI:___________________ Item Supplies/Services Total Price 0001 SMMU Rattle Forestry Services Task Order $ 0002 Eastside Midway Forestry Services Task Order $ Schedule Notes: Must return completed page one of each task order proposal request (TOPR) with line-item breakdowns. 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) - During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $250.00, but not more than $7.5 Million. (vi) Description of Requirement DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK 1. Scope of Work This is a multiple award, Indefinite Delivery, Indefinite Quantity (IDIQ) task order contract for professional forestry services for the management of vegetation on National Forests in Region 5 located in the state of California and parts of Nevada. The management activities include, but are not limited to; unit layout, unit boundary designation, area determination, cruise design and plan, timber cruising, designation (timber marking), stand examination data collection and other similar types of work. Contractor will be given identifiable tasks including, but not limited to; Gathering resource data by conducting field investigations, such as stand examinations and forest inventories, and compiling data into reports (electronic and hardcopy), which may be used by the Forest Service in the NEPA planning process; as well as The layout of vegetation management units; designating cut or leave trees; cruising for gross and net volume; designating sensitive areas, such as cultural resource areas, wildlife trees, and streamside management zones, and sensitive plants; as well as boundary designation. Contractor Responsibility: The Contractor must be a Registered Professional Forester (RPF) by the State of California or shall employ the services of a State of California Registered Professional Forester to supervise this contract. The RPF shall certify that all completed fieldwork and documentation meets contract specifications. The proposal for this contract must include the RPF name and number. If RPF name and identification number are not included, the proposal will be considered non-responsive. See Attachment 01 Statement of Work for additional requirements (viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision) Addenda to provision 52.212-1: Only Email Proposals Will Be Accepted. Proposal must be submitted by email to robert.briney@usda.gov. No other forms of submission will be accepted. Contractor is responsible for verifying receipt of proposal by the Contracting Officer ONLY return documents requested. DO NO RETURN ENTIRE SOLICITATION. Each of the parts listed below shall be submitted as separate attachments/documents (so evaluation of one document may be accomplished independently from the others). 1. Completed, Signed Offer for each Sample project. For each sample project: complete page 1 of the task order proposal request, response to evaluation questionnaire, technical approach with tentative schedule. Signed by authorized person. 2. Business Proposal The business proposal should provide a general overview of the company and address items listed below in Business Proposal Instructions. 3. Representations, Certifications, and Other Statements of Offerors. Complete & Submit Clauses FAR 52.204-24, FAR 209-7, and FAR 212-3 (Only if not in SAM). 4. Technical Proposal, one electronic copy as indicated in the Technical Approach Instructions for each of the task orders (Eastside Midway Forestry Services and SMMU Rattle Forestry Services). 5. Page Limitations: Pages that exceed limitation will not be evaluated. Pages will be evaluated in order received. DO NOT provide cover pages or pictures. A page is defined as one side of a sheet of paper. Do not use less than 10pt Font size. Relevant Past Performance (A): one page per project for a maximum of three (3) pages. Reference List: one (1) page Experience/Key Personnel (B): do not exceed four (4) pages. 6. Submit offer by email to robert.briney@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 5 separate attachments (Completed task order proposal request for each sample project, Business proposal, Technical Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from robert.briney@usda.gov. 7. Address questions about this solicitation to Robert Briney at robert.briney@usda.gov. BUSINESS PROPOSAL INSTRUCTIONS. A. Relevant Past Performance (NTE 3 pages): Furnish a list of three (3) projects of similar magnitude completed by the firm within the last three (3) years. The list should include work similar in nature and complexity to those requirements of this solicitation. Include contracts with the Federal Government, agencies of state, local governments, and commercial customers. Identify if performed as the Prime or Sub-contractor on project(s). If subcontractor provide contact information for Prime contractor. For each project cited, provide the following: Title and location of the project. Project Point of Contact’s name, phone, and email address. Total price of the project. A brief narrative of the project (include size, i.e., acres, square feet; date of start, and completion or anticipated completion date). Identify any issues or circumstances that may have arisen and how they were addressed. For any projects listed that may report less than positive performance, you are encouraged to provide a description of the problems and efforts made to correct and prevent future occurrences. Reference List (NTE 1 Page): Provide a one-page reference list to include contract number, project title, Point of Contact or Contracting Officer name, phone, email. All references shall be from projects completed within past five (5) years. The Government may or may not contact any or all references listed. B. Experience/ Key Personnel (NTE 4 pages): The offeror shall provide a detailed summary of experience with work similar to the type of work required under this project. Provide a list of key personnel with job titles, years of experience and brief experience summary for each of the personnel listed. Provide name and registration of the registered Professional Forester. (ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision) Contract(s) may be awarded without discussion. The Government will evaluate each proposal against the factors as stated below. For the parent IDIQ contracts when combined, these technical evaluation factors are more important than price. Each line item of the task order proposal price will be evaluated to determine if they are fair and reasonable. Task order award determination will be made based on evaluation criteria listed in individual task order. A. For the parent IDIA the Government will evaluate each proposal against the following factors: 1. Business Proposal 2. Past Performance: Firms lacking past performance will not be rated favorably or unfavorably in this area but will receive a neutral rating. 3. Technical Approach provided for each sample project TOPR 4. Price: Price Proposal will not be point scored but will be subjectively evaluated to determine the reasonableness, cost realism, if unbalanced, affordability and value of the price data. The Government will perform a price analysis and evaluate price by determination of “Best Overall Value”. B. Technical proposal will be evaluated and ranked by an evaluation panel according to the criteria in each of the task order proposal request. The panel will not have access to the price proposal during the technical evaluation process. Caution to Offerors: Sufficient and detailed information must be provided to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information; the proposal will be rated deficient. EVALUATION RATINGS For the parent IDIQ contracts the Government will evaluate the contractors Business Proposals and response to the sample task order proposals request (TOPR) for each sample project. Proposals for each of the sample task will be submitted and evaluated in accordance with the evaluation criteria listed in the task order proposal request (TOPR). Since an offeror's proposal(s) must be compliant for it to be eligible for award, compliance of the offer is a mandatory solicitation requirement. Each proposal will be evaluated strictly on its content and will not assume that performance will include anything not specified in the proposal. The evaluation will be conducted in accordance with the procedures established herein. The Evaluation Panel will assign to each evaluation criterion a final adjective consensus rating of exceptional, good, acceptable, marginal, or unacceptable. AWARD DETERMINATION The contract(s) resulting from this solicitation will be awarded to that responsible offeror(s) whose offer is conforming to the solicitation, is technically acceptable, and whose technical/cost relationship is the most advantageous to the Government, cost and other factors considered. The offeror’s proposal shall be in the format prescribed and shall contain a response to each of the areas identified which affects the evaluation factors for award. The Government reserves the right to make cost/technical tradeoffs that are in the best interest and advantageous to the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government. The Government will determine best overall value based on the factors described above. Award(s) may be made without further discussions. Initial offers should be submitted with the most favorable terms, from a price and technical standpoint. The Government may, after evaluation of proposals, conduct oral or written discussions as appropriate, with the offerors whose proposals are within a competitive range. The Government may incorporate the successful offeror’s technical proposal, or parts of it, into the awarded contract(s). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) Representations and Certifications See Attachment 02 (complete highlighted items in this section and return with your offer) (xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1) (xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION 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)). (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) 52.232-40, 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. 3805note)). (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 (June 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 and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) ? (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) 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). ? (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. 6101note). ? (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). ? (10) [Reserved]. ? (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a). ? (12) (i) 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. ? (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).(DEVIATION DEC 2022) ? (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.637s) ? By the end of the base term of the contract and then by the end of each subsequent option period; or ? By the end of the performance period for each order issued under the contract. ? (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). ? (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (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)). ? (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) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)). ? (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). ? (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). ? (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ? (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). ? (ii) Alternate I (Feb 1999) of 52.222-26. ? (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). ? (ii) Alternate I (Jul 2014) of 52.222-35. ? (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793). ? (ii) Alternate I (Jul 2014) of 52.222-36. ? (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). ? (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ? (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. chapter78 and E.O. 13627). ? (36) 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.) ? (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. ? (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. 552 a). ? (ii) Alternate I (Jan 2017) of 52.224-3. ? (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83). ?(ii) Alternate I (Oct 2022) of 52.225-1 ? (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (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). ? (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). ? (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: Contracting Officer check as appropriate.] ? (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). In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage/Fringe Benefits GS 9 Forester $29.19 per hour GS 7 Forestry Tech $23.87 per hour ? (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). ? (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. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (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). (xiv) 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). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801) (xxiii) 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. (xiii) Additional Requirements/Terms and Conditions: Clauses: 52.203-3 Gratuities (APR 1984) 52.203-16 Preventing Personal Conflicts of Interest (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) 52.204-21 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 websites) or simple transactional information, such as necessary to process payments. “Information” means any communication or representation of knowledge such as facts, ...