Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Combined Synopsis/Solicitation for Commercial Items VHAPM Part 813.106-1/2 SAP: Soliciting Competition & Evaluation of Quotations/Offers Page 1 of 4 Original Date: 10/12/17 Revision 01 Date: 01/08/18 ... Combined Synopsis/Solicitation for Commercial Items VHAPM Part 813.106-1/2 SAP: Soliciting Competition & Evaluation of Quotations/Offers Page 1 of 4 Original Date: 10/12/17 Revision 01 Date: 01/08/18 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information One Time Annual Patient Lift Inspection Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C256-19-Q-0907 Posted Date: May 28, 2019 Original Response Date: June 4, 2019 Current Response Date: June 4, 2019 Product or Service Code: H165 Quality Control Services/Medical Set Aside (SDVOSB/VOSB): SDVOSB NAICS Code: 811219 Precision Equipment Calibration/Inspection Contracting Office Address 510 East Stoner Ave 90C Shreveport, LA 71101 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested. A written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-02 (effective 05/06/19). The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of 20.5 Million. The G.V. (Sonny) Montgomery VA Medical Center located at 1500 E. Woodrow Wilson Dr. Jackson, MS 39216, is seeking to purchase services to perform annual inspection of Guldmann Patient Lifts. All interested companies shall provide quotation(s), for the following: Services STATEMENT OF WORK: The Contractor shall provide all labor, material and tools, necessary to perform annual service as defined in this statement of work for the fleet of Guldmann GH2 and GH3 patient lifts (175 total) at the G.V. (Sonny) Montgomery VA Medical Center located at 1500 E. Woodrow Wilson Dr, Jackson, MS 39216. At minimum, all GH2 lifts must be inspected per the requirements listed below. If a corrective maintenance issue is identified and the parts cannot be procured because the GH2 lift lifecycle has ended, the vendor shall provide that information to the VAMC Biomedical Engineering Section. Those specific reported corrective maintenance issues will be dealt with by the Medical Center. The period of performance for this work is the date of award, until close of business June 30,2019. 1. WORK TO BE PERFORMED: Contractor shall perform repair services as follows: Structure Testing (Pass/Fail) Perform a visual inspection to verify proper connections of the lift s structural system to the building s structure (including seismic bracing if applicable). Perform a visual inspection to verify proper interface at the veiling (hard deck or soft tile) and proper installation of all protective features around the support rods and rails/tracks. Perform a visual inspection to verify structural component sizing and physical installation to ensure that the correct structural system is in place and properly installed to support the lift. Rails/Tracks and End Stops (Pass/Fail) Verification that all fasteners and set screws are properly tightened on the trollies and rails/tracks. Ensure that the rail/track is free of gaps (unless required by design). If included in installation, verify rail turntable function, exchanger function, gate alignment, and safety block installation. Confirm track is clean and clear of all debris. (Use manufacturer s recommended cleaning materials to avoid damage to the motor case and other components.) Verification that all manufacturer specified end stops or docking gates are properly installed. Lift Unit and Straps (Pass/Fail) Inspection of lift unit casing for cracks and alignment. Verification that the lift unit charges properly. Inspection and activation of hand control for full operation (e.g., up down, left, right) and return to charge function if applicable. Confirm all lift unit indicator lights are functioning (e.g., red service warning light, charging state light) Inspection and verification of all emergency functions of the lift unit Full extension and inspection of lift strap for loose threads or frays Inspection of spreader bar and clips for cracks and for loose or missing rings or cotter pins. Load Testing Verification of any soft start or soft stop features and tat lifting speed does not exceed 2.5 inches per second with zero load. Verification of load testing and deflection testing at the manufacturer s specified maximum rated lift capacity. Verification of any soft start and soft stop features and that lifting speed does not exceed 1.5 inches per second under maximum rated lift capacity. Guldmann Requirements As noted in the manufacturer s annual inspection requirements. Inspector After all activities listed above and in the Guldmann installation/operations/owner s manual(s) have been completed for all patient lifts, the inspector shall release the ceiling mounted lift installation to GVSM VAMC Biomedical Engineering Section representative for review. GVSM VAMC Biomedical Engineering provides a digital copy of the checklist to the inspector. Each patient lift requires an individual checklist completed digitally by the inspector. After the activities in the checklist and manufacturer s installation/ operation/ owner s manual(s) have been completed, the GVSM Biomedical Engineering shall review those items with the inspector prior to releasing the ceiling mounted lift back into service to ensure completion of all requirements. 2. SPECIAL WORK REQUIREMENTS: The regular work hours for this facility is Monday through Friday, from 7:30 am to 4:30 pm (CST), excluding Federal Holidays. All maintenance shall be provided during the regular business hours of this facility. Work is to be performed by a technician who is Guldmann Certified, insured and contracted and will comply with requirements and regulations as provided by the GVSM VAMC Biomedical Engineering Section. In addition, the inspector shall comply with OSHA and TJC certification standards to maintain warranty. 3. SPECIAL INSTRUCTIONS: The contractor s representative will schedule all work with the facilities representative. Contractor shall provide a written service report to the representative detailing any inspection findings and all maintenance work performed immediately following completion of the work. Failure to drop off service reports will delay contractor payment. SERVICE REPORT: A detailed checklist will be provided digitally to the contractor. Each patient lift requires one completed checklist. In addition, a service report with any Guldmann specific annual maintenance inspection information shall be provided for each patient lift (e.g., weight testing the system at 1x the weight capacity of the rail system, test charging liners for proper voltage) 4. EQUIPMENT IDENTIFICATION: Manufacturer Equipment Description Model Quantity Guldmann Patient Lifts GH2 97 Guldmann Patient Lifts GH3 78 5. SERVICE QUALITY: All services provided in this contract must meet manufacturers performance and technical specifications, Federal Regulations, VA Regulations, and meet the requirements of The Joint Commission and Life safety Code. 6. PAYMENT: Payment will be made, in arrears of repair, and upon receipt of a properly prepared invoice uploaded into VA s electronic payment system; which references the period for which payment is due, the contract number and/or assigned purchase order number. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests; however, they are acceptable for preview purposes only. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below: VA s Electronic Invoice Presentment and Payment System (IPPS) - The FSC uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org). The Contractor may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10: OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov 7. PROPERTY DAMAGE: The contractor shall take all necessary precautions to prevent damage to any government property and will notify the Contracting Officer immediately if damages occur. The Contracting Officer will authorize the contractor to remedy the situation in one of the following ways: be assessed current replacement costs for damaged property, timely replacement of damaged property, or correct damages with like materials at no additional cost. 8. IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS: The contractor will always need to acquire a badge for each worker and ensure that the badge be worn in a visible location on the worker while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two-way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States District Court. The task order period of performance shall be, Date of Award through June 30, 2019. Place of Performance Address: 1500 E. Woodrow Drive Postal Code: Jackson, MS 39216 Country: UNITED STATES Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts The commissioning for a patient ceiling lift system(s) shall include, but not be limited to, the following points as components of the commissioning procedures. NOTE: Ceiling mounted patient lifts are not to be installed in treatment units with actively suicidal patients. Facility: Work Order: Manufacturer: Lift Location: Model: VAMC Contact: Serial Number: EE Number: VAMC Contact's Phone Number: Mfgr Contact: Installer: Mfgr Contact's Phone Number: Installer's Phone Number: Date: Structure Complete 1 Perform a visual inspection to verify proper connections of the lift's structural system to the building's structure (including seismic bracing if applicable). 2 Perform a visual inspection to verify proper interface at the ceiling (hard deck or soft tile) and proper installation of all protective features around the support rods and rails/tracks. 3 Perform a visual inspection to verify structural component sizing and physical installation to ensure that the correct structural system is in place and properly installed to support the lift. NOTES: Rails/Tracks and End Stops PASS FAIL 1 Verification that all fasteners and set screws are properly tightened on the trollies and rails/tracks. 2 Ensure that the rail/track is free of gaps (unless required by design). If included in installation, verify rail turntable function, exchanger function, gate alignment, and safety block installation. 3 Confirm track is clean and clear of all debris. (Use manufacturer's recommended cleaning materials to avoid damage to the motor case and other components.) 4 Verification that all manufacturer specified end stops or docking gates are properly installed. NOTES: Lift Unit and Straps PASS FAIL 1 Inspection of lift unit casing for cracks and alignment. 2 Verification that the lift unit charges properly. 3 Inspection and activation of hand control for full operation (e.g., up, down, left, right) and "return to charge" function if applicable. 4 Confirm any and all lift unit indicator lights are functioning. (e.g., red service warning light, charging state light) 5 Inspection and verification of all emergency functions of the lift unit. 6 Full extension and inspection of lift strap for loose threads or frays. 7 Inspection of spreader bar and clips for cracks and for loose or missing rings or cotter pins. Revision 2.1 Serial #: NOTES: Load Testing PASS FAIL 1 Verification of any "soft start" or "soft stop" features and that lifting speed does not exceed 2.5 inches per second with "zero" load. 2 Verification of load testing and deflection testing at the manufacturer's specified maximum rated lift capacity. 3 Verification of any "soft start" and "soft stop" features and that lifting speed does not exceed 1.5 inches per second under maximum rated lift capacity. 4 Verification of function of emergency stop at maximum rated lift capacity. 5 Verification of emergency lowering feature at maximum rated lift capacity. NOTES: Inspector COMPLETE After the activities listed in the above checklist and in the manufacturer's installation/operations/owner's manual(s) have been completed, the inspector shall release the ceiling mounted lift installation to VA representative. SIGNATURE: DATE: TITLE: VA Representative COMPLETE After the activities listed in the above checklist and in the manufacturer's installation/operations/owner's manual(s) have been completed, the VA representative shall review those items with the inspector prior to releasing the ceiling mounted lift back into service to ensure completion of all requirements. SIGNATURE: DATE: TITLE: Manager of the Service Using the Ceiling Mounted Lifts COMPLETE After the activities listed in the above checklist and in the manufacturer's installation/operations/owner's manual(s) have been completed, the manager of the service using the ceiling mounted lifts confirms that the current staff have received initial training on ceiling mounted lifts and that there is a process in place to provide ongoing training on the proper use of ceiling mounted lifts. SIGNATURE: DATE: TITLE: Revision 2.1 2 of 2 Serial #: Award shall be made to the quoter, whose quotation is evaluated as technically acceptable at the lowest price point. Only the lowest priced quote will be evaluated for technical acceptability. If this quote is found to not be technically acceptable, the next lowest priced quote will be evaluated. This sequence will occur until a quote is found to be technically acceptable at the lowest price point. Once a quote is found to be technically acceptable, the technical evaluation will cease. ?.## PRICE SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 97.00 EA __________________ __________________ Guldmann GH2 Patient Lifts - Annual Inspections and Weight Testing, in accordance with Statement of Work. POP Begin: Date of Award POP End: June 30, 2019 0002 78.00 EA __________________ __________________ Guldmann GH3 Patient Lifts - Annual Inspections and Weight Testing, in accordance with Statement of Work. POP Begin: Date of Award POP End: June 30, 2019 The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items (DEVIATION 2018-O0018) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation: Instructions To Offerors Addendum: The Government will select the quote that is the lowest price, technically acceptable and represents the best benefit to the Government at a price that can be determined reasonable. The Government will evaluate the following: Price and technical acceptability to meet salient characteristics. The evaluation of Government requirements outlined in this request for quote will determine suitability. Contractors are strongly encouraged to submit their best technical solutions and prices in response to this request for quote. Once the Government determines there is a contractor that can provide a product/service that meet(s) the requirements of this request for quote, the Government reserves the right to communicate with only that contractor quoting the lowest price, technically acceptable service, to address any remaining issues. The Government will evaluate quotes for award purposes by adding the total price. The Government may determine that a quote is unacceptable if prices are significantly unbalanced. FAR Part 15 will not be used for this procurement. 52.212-2, Evaluation - Commercial Items: FAR provision 52.212-2 does not apply to this solicitation. Prospective Contractors are required to submit two separate documents in addition to all other required documents required by this Combined Solicitation Synopsis; one (1) Part A - Content of the Non-Price Factors/Technical Part. One (1) Part B Price and price related factors. If the parts are not separate documents, the quote will be considered non-responsive. If both Parts are not received, the quote will be considered non-responsive, and will not be considered for award. Part A - Content of the Non-Price Factors/Technical Part will be evaluated on Pass / Fail basis Contractor will need to demonstrate that the services offered meets at the minimum the Salient Characteristics described within the Schedule of Items and Specifications. Contractor to provide technical brochures to demonstrate whether the quoted items meet the minimum requirements/salient characteristics provided in the combined synopsis solicitation. Electronic data or virtual link in order to examine capabilities will be acceptable. Contractor shall also provide evidence of being an Authorized Reseller (Distributor) for product offered. This can be substantiated with a link to Manufacturer s web site that supports offeror s distributorship or other proof from the manufacturer. Part B - Content of the Price Part Price schedule Price and price related factors for Contract Line Item numbers 0001 as described in Statement of Work. Prompt payment discount terms. If your submission to this combined synopsis solicitation does not follow the requirements above or otherwise required by the solicitation your company risks not being considered for award. EVALUATION OF QUOTE: Award shall be made to the quoter whose quotation is the Lowest Priced and Technically Acceptable. Only the lowest priced quote will be evaluated for technical acceptability. If this quote is found to not be technically acceptable, the next lowest priced quote will be evaluated. This sequence will occur until a quote is found to be technically acceptable at the lowest price point. Once a quote is found to be technically acceptable, the technical evaluation will cease. TECHNICAL EVALUATION Technical Acceptability will be based upon the conformance to the guidelines outlined in this solicitation. Quotes will be evaluated on a GO, NO-GO basis. The technical evaluation will evaluate the technical content received as required in the instructions section of this solicitation. This is a subjective evaluation that is based upon the Governments judgment as the whether the Quoter has satisfactorily addressed the technical content requirements as set forth within this solicitation. PRICE EVALUATION A Quoter s price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 13.106-3. A written notice of award mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in an offer for award to the Quoter from the Government. The counter signed award from the Quoter to the Government will result in a binding contract between the two parties. (End of Addendum) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Oct 2018) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items (May 2019) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (MAY 2019) 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 subparagraphs of FAR 52.212-5 are applicable: FAR52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (APR 2014) FAR 52.228-5 INSURANCE WORK ON A GOVERNMENT INSTALLATION (JAN 1997) FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011) 52.223-20, AEROSOLS (JUN 2016) (E.O. 13693). 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM FOR AWARD MANAGEMENT (OCT 2018) VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2008) VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION) 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING & COMPLIANCE (JUL 2018) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2008) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(DEC2013) VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERN OWNED SMALL BUSINESS SET-ASIDE (JUL 2016 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (MAY 2019) The following subparagraphs of FAR 52.212-5 are applicable: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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: 52.219-28, Post Award Small Business Program Representation (JUL 2013) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (See 23.804(a)) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513) 52.223-21, Foams (JUN 2016) (E.O. 13693). 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). 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332). (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: 52.222-41, Service Contract Labor Standards (AUG 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) Employee Class Monetary Wage-Fringe Benefits Machinery Maintenance Mechanic $24.45 + Fringe Benefits Maintenance Trade Helpers $16.74 + Fringe Benefits 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) 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) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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) (41U.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, 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)). (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) 52.219-8, 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. (v) 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. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015) (vii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (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 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xviii)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.3706). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authori...