USFS WILDLAND FIRE COVID-19 MOBILE SPECIMEN COLLECTION
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 1282X920Q0010 Posted Date: 8/21/2020 Original Response Date: ... COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 1282X920Q0010 Posted Date: 8/21/2020 Original Response Date: 9/11/2020 Current Response Date: 9/18/2020 Questions Due By: 9/8/2020 (submitted to kimberly.luft@usda.gov) Product or Service Code: Q301 Set Aside: 100% Small Business NAICS Code: 621511 Contracting Office Address: USDA Forest Service R2 Regional Office Fire Contracting 1617 Cole Blvd Lakewood, CO 80401 Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for quotes that are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAR FAC 2020-08. The associated North American Industrial Classification System (NAICS) code for this procurement is 621511, with a small business size standard of $35.5M. The USDA Forest Service Wildland Fire Program is intending to award one (1) Firm Fixed Price (FFP) Commercial Blanket Purchase Agreements (BPA) to procure the services of Mobile, On-site COVID-19 Testing and Support Services that include the collection, processing, shipping, tracking, storing, testing, and reporting of specimens suspected of COVID-19 exposure. The intent is for the mobile unit and personnel to remain on-site at the established incident base camps or remote locations established as part of wildland fire suppression activities for up to two-week increments. All interested companies shall provide quotes for the following: Supplies: Line Item Description Quantity Unit Price Total Price 001 COVID-19 Molecular Diagnostic Test Kits 002 COIVD-19 Antigen Testing Kits 003 Daily Rate for COVID-19 testing managed service, to include personnel, on-site screening, testing, and results tracking, at USFS designated locations 004 Daily Rate Mobile Lab 005 Travel with Mobilization & Demobilization fees These rates are fully burdened and inclusive of all costs, such as salary, fringe, overhead, G&A, fee/profit, and incidental material costs needed to perform the services. Pricing for travel and other direct costs will be at the call level. Services: The contractor shall provide COVID-19 diagnostic testing and associated services as a managed service, to include on-site screening, testing, and results tracking, at USFS designated locations. The contractor shall provide managed services with FDA approved or FDA EUA molecular and/or antigen test kits or using government furnished test kits. Specific requirements will be stated at the order level. Services shall include: Provisioning of all personnel, equipment, supplies, facilities, tools, materials, supervision and other items and services necessary to conduct testing and provide results. This includes a requirement to provide Personal Protective Equipment (PPE) for medical personnel administering tests, in accordance with Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) guidelines for “Preferred PPE.” Additional information may be found here (https://www.cdc.gov/coronavirus/2019-ncov/downloads/A_FS_HCP_COVID19_PPE_11x17.pdf) The contractor shall: • Coordinate and plan with USFS officials to develop specialized Concept of Operations (CONOPS) for testing services for each order. • Administer an FDA-approved or FDA-EUA COVID-19 test by properly qualified, trained, and licensed (as required) medical personnel. • Return test results in no more than three (3) business days (less than 24 hours is preferred) from the time a sample is obtained from the individual. • Package, remove and appropriately dispose of all waste (including Category A medical waste) in accordance with all federal, state, and local regulations and requirements. • Provide test results electronically to a designated USFS official and the employee. For Incidents such as Fire, this will commonly be an Incident Management Team Safety Officer or Medical Unit Leader and the individual being tested. • The contractor is responsible for following all local and state requirements for reporting such as; Local Department of Health, Indian Health Services, etc. • Provide data management and reporting for all test results to include managing, generating, and reporting results for all tested individuals in a format specified by the government • Provide documentation of an established relationship with a Clinical Laboratory Improvement Amendments (CLIA) certified lab to perform high complexity tests at high volume • For test kit resellers, provide a letter of supply or authorization on kit manufacturer letterhead to distribute or use test kits. Molecular Diagnostic Test Kits and Testing Services: The contractor shall provide and conduct testing using Molecular Diagnostic test kits that enable USFS to rapidly identify individuals who are infected by the virus that causes COVID-19. The contractor shall provide: • FDA approved or FDA EUA test kits that can be administered (collect sample, perform the diagnostic testing, and deliver the results) in point-of-care settings or perform sample collection at the point-of-care, perform the diagnostic testing at an offsite lab and return the results at the point-of-care. • Tests that detect the presence of SARS-CoV-2 genetic material indicating the presence of virus by testing samples collected from the nasal cavity or throat swabs, saliva samples or other approved collection method. • All required reagents, consumables, transport media, components, equipment, or devices necessary to administer the test and process test results or to collect a specimen/sample, manipulate the sample and perform the diagnostic test, and provide a test result in a point-of-care setting. • Proof of test performance data submission and validation from the FDA verifying accuracy of testing results. • Documentation of an established relationship with a CLIA certified lab to perform high complexity tests at high volume. • Return test results in no more than three (3) business days (less than 24 hours is preferred) from the time a sample is received for lab processing. • For test kit resellers, provide a letter of supply or authorization on kit manufacturer letterhead to distribute or use test kits. Antigen Testing Kits and Testing Services: The contractor shall provide and conduct testing using Antigen test kits that enable USFS to rapidly identify individuals who are infected by the virus that causes COVID-19. The contractor shall provide: • FDA-approved or FDA EUA test kits that can be administered (collect sample, perform the diagnostic testing, and deliver the results) in point-of-care settings or perform sample collection at the point-of-care, perform the diagnostic testing at an offsite lab and return the results at the point-of-care. • Tests that detect fragments of proteins found on the SARS-CoV-2 virus, indicating its presence, by testing samples collected from the nasal cavity or throat using swabs, saliva samples or other approved collection method. • All required reagents, consumables, components, equipment, or devices necessary to administer the test and process test results or to collect a specimen/sample, manipulate the sample and perform the diagnostic test, and provide a test result in a point-of-care setting. • Proof of test performance data submission and validation from the FDA verifying accuracy of testing results. • Documentation of an established relationship with a CLIA certified lab to perform high complexity tests at high volume • Return test results in no more than three (3) business days (less than 24 hours is preferred) from the time a sample is received for lab processing. • For test kit resellers, provide a letter of supply or authorization on kit manufacturer letterhead to distribute or use test kits. Reporting Test Results: The contractor shall provide: • A means of communication to permit immediate inquiry regarding the status of any pending test or test result. • Test results electronically as indicated in each order in an encrypted fashion compliant with USFS requirements. (e.g., e-mail or SFTP). • A report which is defined as a printed final copy of pathology interpretive consult. Each report shall at a minimum indicate the following information: • Patient’s name or an anonymized identifier • Test ordered • Date/time of specimen collection • Date/time test completed • Type of specimen source • Test Result • This report is to be provided to the employee. A medical provider will call the employee to make sure that they understand the results and answer questions as they are able. • Incidents such as Fire, a report of just names and test results is to be provided to the USFS/IMT Safety Officer or IMT Medical Unit Leader so that contact tracing within the workplace can begin. • Other Government reporting. The contractor is responsible for following all local and state requirements for reporting such as; Local Department of Health, Indian Health Services, etc., and reporting test results to the local/state health department. Travel: Travel may be required at the order level to complete efforts. All travel must be in compliance with the Federal Travel Regulation accessible at https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr. The order RFQ will allow for pricing any necessary travel. Applicable per diem rates can be found at www.gsa.gov/perdiem. Other Direct Costs: There may be costs, other than personnel and travel, which will be required for the performance of an order. The order RFQ will allow for pricing these items which will be evaluated for price reasonableness at the time of the order award. Non-Personal Services: The Government shall neither supervise Vendor employees nor control the method by which the Vendor performs the required tasks. It shall be the responsibility of the Vendor to manage its employees and subcontractors and to guard against any actions that are in the nature of personal services or give the perception of personal services as defined in Federal Acquisition Regulations (FAR) Subpart 37.104. Inspection, Acceptance, and Government Quality Assurance: Inspection and acceptance of reports, work products, and other required deliverables or outputs will take place as specified in the call. Each call will identify a Contracting Officer’s Representative (COR) or Government Technical Monitor (GTM) who will possess the delegated authority to inspect and accept all services, reports, and required deliverables or outputs. The Government will perform quality assurance at the call level. Methods may include visual survey and review of Vendor quality control documents. Calls will specify the quality assurance techniques to be used. Key Personnel Requirements: BPA Program Manager: The Vendor must designate a BPA Program Manager (BPM) as the single point of contact (POC) for management of the BPA and receipt of call RFQ’s. The BPM must have the authority to commit the Vendor and make decisions for the Vendor, serving as the single Vendor representative responsible for all issues, concerns, or problems at the BPA level. The BPM must readily respond to questions, concerns, and comments. The BPM will be a non-billable role unless the BPM actively supports the implementation of a call. The Government expects that the BPM would be an existing employee of the Vendor. Personnel Requirements: All personnel must be well qualified to accomplish the work anticipated for this BPA. If work to be performed requires a license or certification, the individual proposed must meet this requirement. The below reflects the minimum qualifications personnel must meet: Minimum personnel qualifications for those that would be obtaining test samples or actually performing the test dependent on the specific test: Certified Medical Assistant, copy of certification Certified Medical Lab Technician or Medical Technologist, copy of certification Licensed Practical Nurse or Registered Nurse, copy of state license Period of Performance: BPA Period of Performance: The effective date of the BPA will be stipulated in the award document. The BPA period of performance concludes three (3) years from the effective date of the BPA or upon reaching the Blanket Purchase Agreement Total Dollar Limitation, if established. Calls may only be issued during the BPA Period of Performance. BPA Call Period of Performance. Call periods of performance cannot extend more than one (1) years beyond the expiration of the BPA’s Period of Performance. Each RFQ will specify the period of performance for the resultant call. Place of Performance: Anywhere within the Continental United States. 52.212-2 Evaluation-Commercial Items (Oct 2014): Award shall be made to the quoter whose quotation is Lowest Priced, Technically Acceptable (LPTA). The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors–Commercial Items (Jun 2020) FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) FAR 52.212-3, Offerors Representations and Certifications–Commercial Items (Jun 2020) Offerors must be registered and active on the System for Award Management (SAM) at www.sam.gov to be considered for award. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions–Commercial Items (Oct 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Aug 2020) The following subparagraphs of FAR 52.212-5 are applicable: (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 items: (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 (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note). __ (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 (Mar 2020) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-4. __ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (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 (Mar 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 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.S.C. 637(a)(17)). X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). __ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. __ (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). X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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 (Jun2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). X (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (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). X (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Feb 2006) 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 items: X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). X (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). X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 (Aug2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar2015) 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 (May2014) (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 (May2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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. 2302 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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) 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 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.252-6 Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. (b) The use in this solicitation or contract of a...
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