Inactive Total Small Business Set-Aside (FAR 19.5)

Title: Acquisition of a Brand name or equal Carl Zeiss AxioScan.Z1 Slide Scanning Microscope Document Type: Combined Synopsis / Solicitation Notice Solicitation Number: 75N91020Q00186 Proposed Posted ... Title: Acquisition of a Brand name or equal Carl Zeiss AxioScan.Z1 Slide Scanning Microscope Document Type: Combined Synopsis / Solicitation Notice Solicitation Number: 75N91020Q00186 Proposed Posted Date: 9/3/2020 Proposed Response Date: 9/9/2020 Classification Code: 66 – Instruments and laboratory equipment NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing Business Size Standard: 1000 Employees Contracting Office Address Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E122, Bethesda, MD 20892, UNITED STATES. Non-USPS mail such as Fedex UPS and other private carriers please use Rockville, MD 20850. Description of Requirement The Laboratory of Genitourinary Cancer Pathogenesis (LGCP) Microscopy Core Facility of the Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) needs a slide scanning microscope for whole slide imaging in both brightfield and Fluorescence. This is a combined synopsis/solicitation for commercial items, prepared in accordance with format in FAR 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation: No. 75N91020Q00186 includes all applicable provisions and clauses in effect through FAR FAC 2020-08 (AUG 2020) simplified procedures for commercial items. The North American Industry Classification System code is 334516 and the business size standard is 1000 employees. The business size standard is $11 million. This is a Small Business Set-Aside. Only one award will be made as a result of this solicitation. This will be awarded as a firm fixed price type contract. BRAND NAME OR EQUAL This requirement is for the procurement of the brand name or equivalent instruments described in section 4.0. The Federal Acquisition Regulation (FAR) provision FAR 52.211-6, Brand Name or Equal (AUG 1999) is applicable to this requirement. 2.0 BACKGROUND The Laboratory of Genitourinary Cancer Pathogenesis (LGCP) Microscopy Core Facility of the Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) needs a slide scanning microscope for whole slide imaging in both brightfield and Fluorescence. The LGCP Microscopy Core Facility has the responsibility to maintain the equipment in the Core, and keep it fully functional and at a state-of-the-art level to support the work of LGCP investigators, as well as scientists from other laboratories in the NCI. The current slide scanning microscope in the LGCP Core has a rolling 1-2 month backlog of projects from multiple investigators in the LGCP, as well as other labs in the NCI and other NIH Institutes. The current instrument is in use 24 hours a day, seven days a week, yet is still unable to support the workload of all the researcher wanting to use it. It is the only instrument of its type in a CCR Core Facility. Purchasing a second instrument would allow LGCP to double capacity and support more than one investigator at a time. Certain experiments monopolize the instrument for up to seven days when scanning four colors at 40x resolution. The acquisition of an additional slide scanning microscope will allow the LGCP Microscopy Core to better support the current workload in the Core Facility and no longer have us turn researchers away due to a lack of capacity. 3.0 TYPE OF ORDER This will be issued as a Non-Severable Firm Fixed-Price Purchase Order. 4.0 SPECIAL ORDER REQUIREMENTS 4.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS The LGCP Core Facility plans to procure a Brand name or equal Carl Zeiss Axio Scan.Z1 slide scanning microscope with FL reflected Light Train. The following features are required for this instrument: Robust and High Quality Imaging and Scan Process: A geometric and color calibration process that guarantees constant output over time and across multiple devices. Must handle both 1x3” slides and 2x3” slides without safety issues. Slides of varying thicknesses, orientation, and labeling must be accommodated in the same scan process. Must have 25 bays capable of holding up to 100 1x3” slides. Must have an advanced tray to allow the complete specimen area to be scanned. Must be able to use multiple contrasting methods including BF, FL, and Ring Aperture Contrast (RAC) in one, easily upgradable device. Must include Barcode and OCR reading of slide labels . Must accommodate up to five high NA Plan-Apochromat objectives (2.5x, 5x, 10x, 20x, 40x). Must be capable of high-resolution z-stack and extended focus image capture. Must have dedicated cameras for prescan, brightfield, and fluorescence imaging. Must have an automated, accurate and adaptive focus point distribution method. High-performance Fluorescence Must use contrasting method RAC to focus on fluorescence samples without exposing the samples to potentially damaging excitation wavelengths. This guarantees minimal bleaching of the sample prior to imaging. RAC needs to be performed using a separate channel than FL, meaning an overlay of the image is possible, and that there is no loss in quality of your FL images. Must be capable of housing up to 9 FL filter cubes at one time. Must be compatible with the Carl Zeiss Colibri7 LED illumination system for fast, safe worry free FL excitation. Must be configured with high-speed filter wheels for very fast FL imaging. Should be configured with a high-speed extremely sensitive scientific grade CMOS camera (4 MP / 16 bit). Image Analysis Must be fully integrated into the Carl Zeiss ZEN software platform making it easy for users of other Carl Zeiss systems to quickly adapt to the scanner software. Work with an open and documented interface that lets you access your data with your own programs. Unlike a closed platform, this means you can export the images and continue using the data in any way you choose. In addition to image data, the scanner must store metadata, putting away a complete record of all the operations in a log file so you can retrieve the data at the click of a button. This facilitates documentation and supports preventive maintenance, thus reducing unscheduled outages. Ease-of-use Must have a reliable workflow for tissue detection, focus and image capture so that images will be created and ready to view in the least amount of time possible. Must have one push button operation for acquiring up to 100 images Must be compatible for multiuser facilities and allow for specific user management. A master user can define roles and permissions for additional users with ease. Must be easy for users to scan batches of slides, and also to define priority slides. Even once a scan processes has begun new slides can be loaded into the system and scanned mid batch. Web-based Software for Viewing Must be able to integrate with the existing LGCP ZEN browser server used to organize data online and cross-platform via an intuitive web interface that keeps all images filed together with their metadata and supporting documents. Must interface with the free ZEN browser app for iPads and iPhones to build up an image database via a mobile front end, allowing data access wherever work takes you Compatibility with Existing Systems and Networks Must be able to interchange parts, including the high NA Plan-Apochromat objectives and fluorescence filter cubes, with the existing Carl Zeiss AxioScan.Z1 slide scanner in the LGCP Core Facility. Must be able to network this new system to other computers and printers in the laboratory, thus allowing for easy image transfer and/or printing. Service and Support Must provide onsite service and technical support for 12 months after the microscope has been installed. Must include at least a 12 months warranty on parts and labor Must have service contract available that includes preventive maintenance, repairs, spare parts, and onsite technical support 5.0 DELIVERY / INSTALLATION Delivery shall be within 12 weeks of purchase order award. All shipping/handling (including FOB) and delivery/installation fees shall be included in the quote. Upon delivery, Contractor shall notify the NCI Technical Point of Contact (POC) to schedule the installation date and time that shall occur within 14 days after delivery. Installation shall be performed by, or under the direct supervision of, a certified operator. Laboratory of Genitourinary Cancer Pathogenesis 37 Convent Drive Building 37, Room 1066 Bethesda, MD 20892 5.1 TRAINING One day of training will be provided on site for at least one primary user within 30 days after installation, with subsequent access to technical support during normal business hours. All training expenses, including materials and/or travel expenses, shall be included in the quoted price. 5.3 WARRANTY A minimum of 12-months warranty shall be included, which covers the cost of repair and/or replacement, including labor or any defect in workmanship or parts. 6.0 PAYMENT Payment shall be made upon receipt and acceptance of all deliverables. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed below: The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow: INVOICE REQUIREMENTS An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). Remit-to address (Name and complete mailing address to send payment). Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. Invoice date. Unique invoice #s for all invoices per vendor regardless of site. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR). Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document. Identify that payment is to be made using a three-way match. Description of supplies/services that match the description on the award, by line billed.* Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* * NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt. Effective April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the electronic submission instructions outlined below. This section shall remain in effect until the Government formally notifies the Contractor of a return to mail-in invoice procedures. II. ELECTRONIC INVOICING INSTRUCTIONS To All National Institutes of Health (NIH) Contractors/Vendors: This notification is effective on Wednesday April 1, 2020. The current national emergency and the need to protect Federal and Contractor staff has resulted in a change to NIH’s invoice submission process. Effective Wednesday, April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the below electronic submission instructions. On March 30, 2020, Governor Hogan issued a stay-at-home order for the state of Maryland where residents should not leave their homes unless it is for an essential purpose. Stay-at-home orders were also issued by the state of Virginia and the District of Columbia. Therefore, any mailed contractor/vendor invoices will be processed by NIH; however, significant delays are expected due to staff teleworking and complying with the stay-at-home orders. It is important that NIH contractors/vendors follow the below procedures in order to ensure smooth processing of invoices and timely payment. Contractor/Vendor Electronic Invoice Submission to the Office of Financial Management (OFM): The Contractor/Vendor shall: Send the invoice to the NIH centralized invoice email box: invoicing@nih.gov Follow the below format in the email subject line, which is a must (Note: The keywords and separating bars in bold must be present to identify the information.) Vendor: name of the contractor/vendor|PO: Contract Number/Task Order Number|Invoice:9999999 Ensure that the body of the email and attached invoice must both include the contractor/vendor’s correspondence email address in the below format (bolded information must be present to identify information): Correspondence email address: xyz@abc.com Note: See screenshot example below Follow the system size limits that apply to the email and each invoice: individual email attachments cannot exceed 5 megabytes each; and the email plus all attachments cannot exceed a total of 30 megabytes. Clearly identify a valid and complete contract number on each invoice Clearly identify a valid and complete order number on each invoice Clearly identify an accurate DUNS number on each invoice Not include confidential information such as Social Security Numbers (do not include TIN if it is a Social Security Number) Send one (1) invoice per email The date/time that a valid invoice is submitted electronically to the email box (invoicing@nih.gov) will be the same date/time logged as that the invoice is received by NIH. Please do not hand-deliver invoices to any NIH office. Please follow the above electronic submission instructions until further notice. In addition, please note that your contract or order will not be modified to reflect the above changes to the invoicing instructions. Failure to follow the above electronic submission instructions may result in invoice processing delays. For Questions? Inquiries regarding the status of invoices such as receipt of invoices, due date, or payment of invoices should be directed to the OFM Commercial Accounts Branch, Customer Service Office at 301-496-6088. The office is open Monday-Friday from 8:30 am to 4:30 pm (eastern prevailing time). The Customer Service Office is closed daily between 12:00 pm to 1:00 pm (eastern prevailing time). Contractor Courtesy Copy Electronic Invoice Submission to the Contracting Officer (CO): The Contractor shall send the OFM-submitted invoice to the NIH Contracting Officer. Example: Screenshot of Invoice Submission via Email Example: Enlarged III. INVOICE PAYMENT Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: 1. The 30th day after the designated billing office has received a proper invoice. 2. The 30th day after Government acceptance of supplies delivered or services performed. B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. IV. INTEREST PENALTIES A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. 1. A proper invoice was received by the designated billing office. 2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition. 3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. V. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (DEC 2013) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. 7.0 PROVISIONS AND CLAUSES 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/these address(es): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3): Clause No. TITLE 352.203-70 Anti-lobbying (DEC 2015) 352.208-70 Printing and Duplication (DEC 2015) 352.211–3 Paperwork Reduction Act (DEC 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (DEC2015) 352.224-70 Privacy Act (DEC 2015) 352.224-71 Confidential Information (DEC 2015) 352.227–70 Publications and Publicity (DEC 2015) 352.237-74 Non-Discrimination in Service Delivery (DEC 2015) FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1): Clause No. TITLE 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) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.222-17 Nondisplacement of Qualified Workers (MAY 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2020) 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: [Contracting Officer check as appropriate.] __ (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]. X (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. (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] __ (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). __ (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). X (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. X (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. X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). X (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). __ (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). X (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)). __ (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 (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: [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 Under Executive Order 13658 (Dec 2015). __ (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 C...