Inactive Total Small Business Set-Aside (FAR 19.5)

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Stream... Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04. This solicitation is set-aside for Small Business. The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 - Surgical Appliance and Supplies Manufacturing, with a small business size standard of 800 employees. The FSC/PSC is 6530 Hospital Furniture, Equipment, Utensils, and Supplies. The Network Contracting Officer 02, 130 West Kingsbridge Road, Bronx, NY 10468, is seeking to purchase and installation of a ten (10) Progressa Plus ICU Bed Frames and listed accessories for the East Orange VA Medical Center (VAMC). All interested companies shall provide quotations for the following: Supplies Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Progressa Plus Base Frame 10 EA 0002 Microclimate Management Surface 10 EA 0003 Rotation Function 10 EA 0004 Percussion & Vibration 10 EA 0005 Chair Egress Position 10 EA 0006 Nurse Call in Siderail 10 EA 0007 Intellidrive with 6" Casters 10 EA 0008 Permanent IV Pole 10 EA Statement of Work (SOW) Procurement of Progressa Plus ICU Bed and Accessories Department of Veterans Affairs East Orange VA Medical Center 1.0 Introduction The Department of Veterans Affairs (VA) East Orange Medical Center at 385 Tremont Avenue requires the procurement, delivery, and installation of a Progressa Plus ICU Bed and its listed accessories to support patient care needs. These items must align with VA standards for quality, durability, and functionality while complying with all applicable Federal Acquisition Regulation (FAR) requirements. 2.0 Scope The contractor shall supply, deliver, and install the Progressa Plus ICU Bed, including the following itemized options: - PRL-BASE: Progressa+ Base Frame, QTY 10 - PRL-TPLUS: Microclimate Management Surface, QTY 10 - PRL-RT: Rotation Function, QTY 10 - PRL-PV: Percussion & Vibration Features, QTY 10 - PRL-CE: Chair Egress Position, QTY 10 - PRL-SNC: Nurse Call in Siderail, QTY 10 - PRL-ID: Intellidrive with 6" Casters, QTY 10 - PRL-PIV: Permanent IV Pole, QTY 10 The contractor must ensure all items meet the VA's technical and operational requirements and are delivered and installed at the East Orange VA Medical Center. 3.0 Applicable Documents and Regulations - FDA 21 CFR Requirements for Medical Devices - OSHA Standards for Medical Equipment - Joint Commission Accreditation Standards 4.0 Requirements 4.1 Technical Specifications The supplied equipment must meet or exceed the following specifications: 1. Progressa+ Base Frame (PRL-BASE): Ensures durability and adaptability for critical care environments. 2. Microclimate Management Surface (PRL-TPLUS): Provides temperature regulation and skin protection for patients. 3. Rotation Function (PRL-RT): Assists in preventing pressure injuries and optimizing patient positioning. 4. Percussion & Vibration (PRL-PV): Enhances respiratory therapy by promoting secretion clearance. 5. Chair Egress Position (PRL-CE): Supports ease of patient transfer and comfort. 6. Nurse Call in Siderail (PRL-SNC): Improves patient safety and access to staff assistance. 7. Intellidrive with 6" Casters (PRL-ID): Enables efficient bed mobility and transport. 8. Permanent IV Pole (PRL-PIV): Provides a stable and secure attachment for IV equipment. 4.2 Delivery and Installation - The contractor shall deliver all items to the East Orange VA Medical Center, 385 Tremont Avenue, East Orange, NJ 07018. - Delivery must be scheduled with the VA Technical Point of Contact at least five (5) business days in advance. - Installation must include assembly, setup, and functional testing of all components. - The contractor shall remove all packaging materials and debris after installation. 4.3 Training and Documentation - The contractor shall provide on-site training for VA staff, covering proper usage, safety features, and maintenance of the bed and accessories. - Training shall be conducted within five (5) business days of installation. - User manuals, maintenance guides, and warranty documentation must be provided upon delivery. 4.4 Warranty and Maintenance - All items must include a minimum one-year manufacturer s warranty covering parts, labor, and service. - The contractor must provide an option for extended warranty plans and maintenance services. - A 24/7 technical support contact must be available for troubleshooting. 5.0 Period of Performance All items must be delivered, installed, and operational within 30 days of contract award. 6.0 Security and Safety Requirements - The contractor must comply with VA security protocols, including background checks if required. - All personnel involved in delivery and installation must follow infection control procedures. 7.0 Invoicing and Payment - The contractor shall submit invoices in accordance with FAR 52.212-4 Contract Terms and Conditions Commercial Items. - Payment will be processed upon final inspection and acceptance by the VA Technical Point of Contact. 8.0 Technical Point of Contact Technical Point of Contact for this requirement is Naronda Edwards - 908-647-0180 ext. 216644 or Naronda.edwards@va.gov (End of Statement of Work) Delivery shall be provided no later than 30 days after receipt of order (ARO). Shipping is FOB Destination. Place of Performance/Place of Delivery Address: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ Postal Code: 07018 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services The following provision is incorporated into 52.212-1 as an addendum to this solicitation: 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must show (1) The solicitation number. (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Quotation Amendments; (10) Past performance information will not be considered in simplified acquisition procurements. (11) Quotes should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations, or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of Quotes. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during preaward testing. (e) Alternate Quotes. The Government is not requesting alternate quotations, however, quoters may present alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Any exceptions taken by the quoter must clearly be identified in writing. (f) Late submissions, modifications, revisions, and withdrawals of quotes. (1) Quoters are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due. (2) Any quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the Request for Quote, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. In addition, the Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest quoted price. (h) Multiple awards. The Government may accept issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, offers may not be submitted for quantities less than those specified in the RFQ. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quote. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101 29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/ feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier.(Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the Request for Quote (RFQ) requires the Contractor to be registered in the System for Award Management (SAM).) The quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an planning to submit a quote for a Government Request for Quote (RFQ) when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Notification. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). (m) Authorized distributor. The quoter shall provide an authorized distributor letter that confirms they are authorized by Hill-Rom, LLC / Baxter International Inc. to provide the products being offered. (End of provision) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52. 204-7 System for Award Management (Nov 2024) 52. 204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (Dec 2023) 52.229-11 Tax on Certain Foreign Procurements Notice and Representation (Jun 2020) 52.233-2 Service of Protest (Sep 2006) 852.233-70 Protest Content/Alternative Dispute Resolution (Oct 2018) 852.233-71 Alternate Protest Procedure (Sep 2018) 852.239-75 Information and Communication Technology Accessibility Notice (Feb 2023) FAR 52.212-2, Evaluation-Commercial Products and Commercial Services ADDENDUM to 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical Capability Veterans Involvement Price Evaluation Approach. The Government may evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting alternate quotations; however, the offeror may present alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Any exceptions taken by the offeror must be clearly identified in writing. The evaluation will consider the following: Technical Capability: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter (i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database at time of quotation submission and at time of award (https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the North American Industry Classification System (NAICS) code assigned to this solicitation. Non-SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award Price: The Government will evaluate the price by adding the total of all line item prices. The Total Evaluated Price will be that sum. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. Note: www.sam.gov registration is required to be complete at the time of submission of response. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Nov 2023) Addendum to 52.212-4 Contract Terms and Conditions Commercial Products and Commercial Services (NOV 2023) Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 852.203-70 Commercial Advertising (May 2018) 852.208-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors - Orders or BPAs (Jan 2023) 852.208-71 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factor Commitments Orders and BPAs (Jan 2023) 852.222-71 Compliance with Executive Order 13899 (Deviation) (Apr 2025) 852.232-72 Electronic Submission of Payment Requests (Nov 2018) 852.242-71 Administrative Contracting Officer (Oct 2020) 852.246-71 Rejected Goods (Oct 2018) 852.247-71 Delivery Location (Oct 2018) East Orange VA Medical Center 385 Tremont Avenue East Orange, NJ 07018 852.247-73 Packing for Domestic Shipment (Oct 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Feb 2025) The following subparagraphs of FAR 52.212-5 are applicable: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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 Kapersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 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. 4655). (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a). (5) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (11) (i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (Dec 2023) ( Pub. L. 115 390, title II). (12) 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note). (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (Use for solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set-aside for any of the small business concerns identified in FAR 19.000(a)(3), as described in FAR 8.405-5 and 16.505(b)(2)(i)(F)) (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)). (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). (26) (i) 52.219-28, Post Award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)). (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025)(E.O.13126) (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (46) 52.223-23, Sustainable Products and Services (May 2024) [(DEVIATION FEB 2025)](7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (48)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83). (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). (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513) (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) (59) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332). (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). (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. 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 and 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712) (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or 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)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application. (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (vii) (A) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (Dec 2023) ( Pub. L. 115 390, title II). (B) Alternate I (Dec 2023) of 52.204 30. (viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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. (xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (B) Altern...