Inactive Total Small Business Set-Aside (FAR 19.5)

THE PURPOSE FOR THIS AMENDMENT NO. 3 IS FOR THE FOLLOWING: a. To add to the Basis of Award, Quotations shall be evaluated, for award purposes, based upon the total price proposed for the basic require... THE PURPOSE FOR THIS AMENDMENT NO. 3 IS FOR THE FOLLOWING: a. To add to the Basis of Award, Quotations shall be evaluated, for award purposes, based upon the total price proposed for the basic requirements (basic award) and all options and other price-related issues (examples are transportation costs, small disadvantaged business or Hub zone preference, or rental value for Government Furnished Property). For CLINs that do not have quantity ranges, the evaluated price will be the unit price proposed multiplied by the specified unit (e.g. 1 LOT). The sum of all the CLINs (Basic Year and Options) will represent the total evaluated price. Offeror’s are advised that the evaluation of options shall not obligate the government to exercise such options. b. All other terms and conditions remain unchanged. THE PURPOSE FOR THIS AMENDMENT NO. 2 IS FOR THE FOLLOWING: To upload questions and answers of interested parties, To upload Site Plan, Building List, Campus Map and Furuseth Hall’s 1999 Asbestos Survey. The original 1999 asbestos survey is 2000 pages. The documents are in binders, and will be available for review during the site visit. Printed copies of the original survey will not be produced. Clarification: *The survey and inspection work shall be based on the original 1999 asbestos survey, and shall reflect the most current NYSDOH requirements that might have since changed. Vendors are expected to perform limited sampling and for quoting purposes, vendors shall provide a fixed quote to include 1000 asbestos analysis samples (500 samples by method 198.1; 300 samples by method 198.6 and 200 samples by method 198.4) as well as unit pricing. Physical binders will be produced for the awardee. The building list and campus map will be produced during site visit. Vendors must stop by Furuseth Hall 1st deck Police Office for the pre quote conference. All other terms and conditions remain unchanged. THE PURPOSE FOR THIS AMENDMENT NO. 1 IS FOR THE FOLLOWING: a. To add FAR clauses 52.219-28, 52.217-4. 52.217-5, 52.217-8 and 52.17-9 in the Attachment no. 2. b. To attach SF1449 pricing sheet. c. All other terms and conditions remain unchanged. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 693JF720Q000017 and is issued as a Request for Quotation (RFQ). The anticipated award date is 7 days after the close of this announcement. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07. MCL.G-4 Applicable Service Contract Wage Determination The Service Contract Labor Standard Service Contract Act WD # 2015-4158 Revision no. 12 Date of Revision: 4/20/2020 Online Link: https://beta.sam.gov/wage-determination/2015-4158/12?index=wd&is_active=true&date_filter_index=0&date_rad_selection=date&wdType=sca&state=NY&county=16084&cba=noCBA&prevP=prevPerfYesLocality&page=1 This acquisition is issued as a 100% set-aside for small business. The associated NAICS code is 562910 and the small business size is 750 employees. The USDOT/Maritime Administration has a need for a contractor to perform a comprehensive campus-wide survey for asbestos containing building materials (ACBM) inclusive of all labor, equipment, supplies, certifications, licenses, transportation, laboratory analyses, disposal and incidentals necessary to perform industrial hygiene sampling and to prepare an asbestos management plan at the USMMA 300 Steamboat Road Kings Point, NY 11024 in accordance with the statement of work (SOW), terms and conditions, and all other specifications attached with the solicitation. Instructions to Offerors: Before submitting an offer, please read the entire solicitation package carefully. Return the following items with your response: • Official Quote • Acknowledgment of any and all amendments issued to betaSam.gov Interested parties must be registered in SAM (System for Award Management, www.sam.gov) and complete online representations and certifications before the solicitation response due date. Site Visit: A pre-quote conference and site visit will be conducted at the United States Merchant Marine Academy (USMMA), 300 Steamboat Road, Kings Point, NY 11024 WHEN: Thursday, August 6, 2020 at 11:00 a.m. EST POC: Ms. Louise Chan, Environment Protection Specialist, Office of the Superintendent. Phone 516-726-5893; email: ChanL@usmma.edu. All firms intending to submit a quotation should plan to attend site visit. In order to make the site visit as productive as possible, quoters are also requested to submit any questions from the review of the solicitation package or as a result of visiting the site should be submitted in writing (email) to the Contracting Officer. Ms. Alfredia Rich-Murphy, alfredia.rich-murphy@dot.gov Responses to questions will be issued by amendment to the solicitation package. Questions Due Date: August 10, 2020, emailed to: Alfredia Rich-Murphy, Contracting Officer, alfredia.rich-murphy@dot.gov cc: LaChelle Johnson, Team Lead Contracting Officer, lachelle.johnson@dot.gov Offer Response Due Date: Friday, August 14, 2020 at 5:00 pm EST Responses shall be submitted via email only. Hard copy submissions shall not be considered for award. Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation JAN 2017 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership of Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.247-34 F.O.B. Destination NOV 1991 Pursuant to FAR subpart 13.106 Evaluation of quotations or offers. (a) General. (1) The contracting officer shall evaluate quotations or offers- (i) In an impartial manner; and (ii) Inclusive of transportation charges from the shipping point of the supplier to the delivery destination. (2) Quotations or offers shall be evaluated on the basis established in the solicitation. (3) All quotations or offers shall be considered (see paragraph (b) of this subsection). (b) Evaluation procedures. (1) The contracting officer has broad discretion in fashioning suitable evaluation procedures. The procedures prescribed in parts 14 and 15 are not mandatory. At the contracting officer’s discretion, one or more, but not necessarily all, of the evaluation procedures in part 14 or 15 may be used. (2) If telecommuting is not prohibited, agencies shall not unfavorably evaluate an offer because it includes telecommuting unless the contracting officer executes a written determination in accordance with FAR 7.108(b). (3) If using price and other factors, ensure that quotations or offers can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Contracting offices may conduct comparative evaluations of offers. Evaluation of other factors, such as past performance- (i) Does not require the creation or existence of a formal data base; and (ii) May be based on one or more of the following: (A) The contracting officer’s knowledge of and previous experience with the supply or service being acquired; (B) Customer surveys, and past performance questionnaire replies; (C) The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or (D) Any other reasonable basis. (4) For acquisitions conducted using a method that permits electronic response to the solicitation, the contracting officer may- (i) After preliminary consideration of all quotations or offers, identify from all quotations or offers received one that is suitable to the user, such as the lowest priced brand name product, and quickly screen all lower priced quotations or offers based on readily discernible value indicators, such as past performance, warranty conditions, and maintenance availability; or (ii) Where an evaluation is based only on price and past performance, make an award based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer. 52.212-2 Evaluation - Commercial Items (Jan 1999) The Government will award a contract award will be made on the basis of the lowest price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate offers: Technical Acceptability Satisfactory Relevant Past Performance Price Options. Evaluated Price. (Not Used) QUOTATION SUBMISSION INSTRUCTIONS In additional to the referenced 52.212-1 Instructions to Offerors-Commercial Items, offerors shall provide the following information to establish the Technical Acceptability and Satisfactory Past Performance (Non-cost Factors) for their quotation. Technical Acceptability will be determined by Qualifications of the individuals that will be doing the work and the laboratory where the work will be performed. Satisfactory Relevant Past Performance Provide a listing of similar work completed within the past 3 years developing asbestos surveys and management plans of similar characteristics or larger. Include with the listing contact information for the owner/operator of the company and/or the Contracting Officer, contract number and time period that the work the work was performed. BASIS FOR AWARD The Government will award on the basis of the lowest evaluated price of proposal meeting or exceeding the acceptability standards for non-cost factors. Responsible sources shall provide the following: SF-1449 form with prices for all Items identifying the requested item(s) (Base year and 4 options years), unit price, and extended price for annual re-inspection and to update the management plan. Include itemized pricing in the event the option is exercised. Provide all information requested under the Technical Acceptability (Qualifications and Past Performance) portion of the QUOTE SUBMISSION INSTRUCTIONS. Provide all information requested under the Satisfactory Relevant Past Performance portion of the QUOTE SUBMISSION INSTRUCTIONS. Total price with completed Pricing Sheet (SF1449) Prompt Payment Terms Remittance address, Tax Identification Number, DUNS number Responses to this solicitation are due 08/14/2020 at 5:00 p.m. Eastern Time. LATE QUOTATIONS MAY NOT BE CONSIDERED FOR EVALUATION. Offers may be emailed to alfredia.rich-murphy@dot.gov Please reference the solicitation number on your quotation. 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): https://www.acquisition.gov 52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 NOTE: 52.212-3 is incorporated by reference to allow space to post this notice. Offeror must ensure that their Reps and Certs are in sam.gov. 52.212-3 Offeror Representations and Certifications-Commercial Items Jun 2020 Incorporated by Full Text: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020) (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 2019) (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. 3805note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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). (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (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) (15 U.S.C.644). (ii) Alternate I (Mar 2020). (iii) Alternate II (Nov 2011). (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. (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (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 (Mar 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 (Mar 2020) of 52.219-9. (v) Alternate IV (Aug 2018) of 52.219-9 (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). _X_ (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 Representation (Mar 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 (Mar 2020) (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, Non-manufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755). _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ii) Alternate I (July 2014) of 52.222-35. _X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (ii) Alternate I (July 2014) of 52.222-36. _X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (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. chapter78 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 (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). (ii) Alternate I (Jan 2017) of 52.224-3. (48) 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. chapter 83, 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 (June 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. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). _X_ (62) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). _X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 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). (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (6) 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). (7) 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_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). _X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 (Oct 2015) (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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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. (End of clause) MARAD Clauses MCL.G-3 Invoice Submission Instructions The Contractor may submit invoices in either electronic or paper format. Electronic submission is preferred. (1) Electronic invoices shall be addressed to MARADinvoices@faa.gov; with a Courtesy Copy sent to the CO and the COR/POC. Electronic invoices shall conform to the following criteria, or be subject to rejection: a. Invoice and supporting documentation shall be in Adobe Acrobat (pdf) format. b. The e-mail subject shall include the following information: Name of Contractor; Invoice date and number; Invoice amount; Contract number and, if applicable, the order or modification number; Terms of any discount for prompt payment offered; Payment instructions (i.e., financial institution, ABA routing#, account #) (2) Paper invoices shall be submitted to one of the following addresses. Multiple copies are not required. MARAD A/P Invoices Branch AMZ-160 PO Box 25710 Oklahoma City, OK73125 If a street address is required for delivery (i.e., Federal Express), the following address may be used in lieu of the post office box: MARAD A/P Invoices Branch AMZ-160 6500 S. MacArthur Blvd. Oklahoma City, OK73169