National Institute of Standards and Technology (NIST), Financial Data Access Solution
section 1 INTRODUCTION This is a combined synopsis/ solicitation for commerical items prepared in accordance with the format in far subpart 12.6, streamlined procedures for evaluation and solicitation... section 1 INTRODUCTION This is a combined synopsis/ solicitation for commerical items prepared in accordance with the format in 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; quotations are being requested, and a separate written solicitAtion document will not be issued. The solicitation is being issued using simplified acquisition procedures. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01, December 30, 2022. The associated North American Industrial Classification System (NAICS) code for this procurement is 513210 – Software Publishers, with a size standard of $47M in annual receipts. This is an open market purchase. Simplified acquisition procedures will be utilized. It is being issued using the simplified acquisition procedures under the authority of FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items. ***This is an Open-Market Combined Synopsis/Solicitation for services from a software tool as defined in the statement of work (SoW). The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotations shall include a statement regarding the terms and conditions herein as follows: The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.” OR The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s). Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration. ***Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation. The Government contemplates award of a firm fixed price purchase order from this RFQ. COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing, via email, to Monica Brown contracting Officer at monica.brown@nist.gov. Questions should be received no later than Tuesday, December 12, 2023, 10:00am est. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract. BACKGROUND CPO requires access to corporate financial data and research (both public and private) to perform financial analysis and risk assessment of applicants and sub-tier factors; this is a core function of the CPO investment and risk teams. CPO requires this information to properly review and evaluate the commercial viability and financial strength of applications submitted in response to the various CHIPS Notice of Funding Opportunities; without this data CPO would not be able to meet its missions and obligations under the CHIPS Act. Additionally, this is required to understand the global trends in the semiconductor industry and other industries/end markets for said entities. CPO is seeking a vendor to provide access to corporate financial data and research (both public and private) to perform financial analysis and risk assessment of applicants and sub-tier factors. All interested vendors shall provide a firm-fixed-price quotation for services as defined in the statement of work attached. LIST OF ATTACHMENTS 1. Statement of Work 2. Pricing Table FAR 52.212-1, Instructions to Offerors – Commercial Items (Reference FAR 12.301(b)(1)) Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 10:00AM Eastern Standard Time on December 20, 2023. FAX quotations shall not be accepted. E-mail quotations shall be submitted directly to monica.brown@nist.gov. Late quotes will not be accepted. Required Information The government will not consider any proposal without the information required by this solicitation. Please reference the RFQ number in the subject line of email communications. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. The offeror shall hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. System for Award Management (SAM) In accordance with FAR 52.204-7, the awardee must be registered in SAM (www.sam.gov) prior to award. Refusal to register shall forfeit award. Addendum to FAR 52.212-1, Quotation Preparation Instructions: Price – A firm- fixed-price is required for each CLIN. Offeror's Unique ID and TIN, and POC information: name, telephone no., e-mail address; Quotations shall conform to the instructions identified herein, and the evaluation factor submittal requirements. Significant deviation may result in the possible exclusion of such quotation from further consideration or may be reflected in the overall evaluation of the quotation. Failure to comply with the terms and conditions of this RFQ may result in the Quoter's quotation being removed from consideration for award. The quotation must include page numbers and be clearly and concisely written. Submission of quotations in response to this RFQ assumes the Quoter agrees to all terms and conditions unless specifically excepted in quoter's quotation. To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and be assembled according to the provisions in this section. All pages of each part shall be appropriately numbered and identified with the name of the Quoter, the date, and the solicitation number (1333ND24Q00206). The quotation shall be typed, with one-inch margins, using a fixed font (Times New Roman preferred), a minimum 12-point type (or equivalent), unreduced in size, on 8-1/2" by 11" paper, not exceeding 30 pages, single sided, for the technical proposal and other administrative documentation such as a one-page cover page and table of contents or list of tables/figures. Actual tables/graphics/figures are included in the page limit. Any pages in excess of 30 will be disregarded and will not be included in the quotation evaluation. There is no page limit for the business/price quotation volume. Overall Arrangement of Documents Technical Quotation addressing all technical sub-factors (Volume I) - No pricing information shall be included in the technical quotation Business/Pricing Quotation (Volume II) VOLUME I: TECHNICAL NIST will evaluate quotations, based on the information submitted in support of the following factors: Factor 1 - Technical Capability A technical quotation containing: Detailed technical narrative that clearly demonstrates that all the tasks within the attached statement of need are met. The contractor may include any other information that it deemed necessary to ensure the statement of need can be achieved. VOLUME II: Business/Pricing Quotation Factor 2 – Price Quotation An overall Firm Fixed Price for all required item(s) meeting the SOW shall be provided in the attached Price quoting matrix along with an itemized document that includes all components of the firm fixed price. A copy of the Contractor’s commercial price list, or in the absence of a commercial price list, documentation showing the prices at which the same supplies are sold to the contractor’s most favored customer. All quotations must be in U.S. dollar. The Offeror is encouraged to discount its rates, if price discounts are offered, identify the percentage of price discount and/or price reduction offered. A completed version of all required solicitation provisions. BASIS OF AWARD The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation is technically acceptable, lowest price. An Offeror's failure to quote all of the required parts listed above may be considered indicative of the offeror’s lack of understanding of the Government’s requirements and may result in the offer being determined unacceptable. The quotation must demonstrate that each of the minimum specifications requirements in this solicitation are met. An offers failure to demonstrate capability to meet all areas of the SOW may be considered indicative of the offerors lack of understanding of the Government’s requirements and may result in the offer being determined unacceptable. Evaluation Criteria 1. Technical capability (Meets specifications). 2. Price (Price will be evaluated for reasonableness). SECTION II CLAUSES, PROVISIONS & ATTACHMENTS: If the vendor objects to any of the terms and conditions contained in this solicitation, the vendor shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:” [Vendor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the vendor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Vendor’s acceptance of the Government’s terms and conditions for inclusion into the resultant purchase order. PROVISIONS FAR 52.204-7, System for Award Management (OCT 2016) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-17, Ownership or Control of Offeror (Aug 2020) FAR 52.204-20 Predecessor Of Offeror (Aug 2020) FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (Feb 2016) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (May 2020) CLAUSES FAR 52.204-13, System for Award Management Maintenance (OCT 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19, Incorporation by Reference of Representations and Certifications; FAR 52.204–24, Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (Nov 2021) FAR 52.204–25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (Nov 2021) FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Nov 2021) FAR 52.224-1, Privacy Act Notification (APR 1984) FAR 52.224-2, Privacy Act (APR 1984) FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-3, Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.239-1, Privacy or Security Safeguards (AUG 1996) FAR 52.217-8, Option to Extend Services (Nov 1999) FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial PRODUCTS AND COMMERICAL SERVICES (May 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) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: __ (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. 2402). __ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (10) [Reserved]. __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (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 2018) ( 15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637s). __ (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 (Sep 2021) ( 15 U.S.C. 657f). __ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) ( 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 (Sep 2021) ( 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 (Sep 2021) ( 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) ( 15U.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 (Jan 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. chapter 78 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 (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). __ (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 (Nov 2021) ( 41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 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 (Jan 2021) of 52.225-3. __ (iii) Alternate II (Jan 2021) of 52.225-3. __ (iv) Alternate III (Jan 2021) 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 (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. 2302Note). __ (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 (Nov2007) ( 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. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 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). __ (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. 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) 52.203-19, 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 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 (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 (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 (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. 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 (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) FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov (End of clause) CAR PROVISIONS & CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl CAR 1352.201-70, Contracting Officer's Authority (APR 2010) CAR 1352.209-73, Compliance with the Laws (APR 2010) CAR 1352.209-74, Organizational Conflict of Interest (APR 2010) CAR 1352.246-70 Place of Acceptance (APR 2010) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. The place of acceptance will be: 100 Bureau Drive, Gaithersburg, MD. 20899-0001. (End of clause) 1352.270-70 Period of performance As prescribed in 48 CFR 1370.101, insert the following clause: Period of Performance (APR 2010) (a) The base period of performance of this contract is from __TBD__ through ____. If an option is exercised, the period of performance shall be extended through the end of that option period. (b) The option periods that may be exercised are as follows: TBD (c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9. (End of clause) CAR 1352.233-70 Agency Protests (APR 2010) (a) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: Monica H. Brown, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 164...
Data sourced from SAM.gov.
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