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

RFQ GENERAL INFORMATION: Document Type: Combined Synopsis Solicitation Solicitation Number: 36C78620Q0176 Post Date: 4/2/2020 Original Response Date: 5/11/2020 at 10:00 am MT Applicable NAICS: 561730 ... RFQ GENERAL INFORMATION: Document Type: Combined Synopsis Solicitation Solicitation Number: 36C78620Q0176 Post Date: 4/2/2020 Original Response Date: 5/11/2020 at 10:00 am MT Applicable NAICS: 561730 NAICS Size Standard: $7.5 Million Classification Code: S208 Set Aside Type: SDVOSB Period of Performance: 90 Days Issuing Contracting Office: Department of Veterans Affairs National Cemetery Administration, Contract Services 18434 Joplin Rd Triangle, VA 22172 Place of Performance: Dallas Fort Worth National Cemetery, 2000 Mountain Creek Parkway, Dallas, Texas 75211 Attachments: Performance Work Statement (PWS) /Specifications Wage Determinations Past Performance Questionnaire This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 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. This solicitation is issued as a Request for Quote (RFQ), solicitation number 36C78620Q0176. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-04 Effective 1-15-2020. This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The U.S. Department of Veterans Affairs, National Cemetery Administration, anticipates the award of a Firm Fixed Priced Contract. Responses to this announcement will result in a Firm-Fixed Price Contract and the Government intends to make award without discussions. All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Offerors are responsible for obtaining any and all amendments or additional information concerning this announcement at https://beta.sam.gov/search?index=opp. All questions regarding this solicitation shall be submitted to the Contracting Officer, via email: jerry.hodson@va.gov, no later than 3 days, or (72 hours) after the scheduled site visit period noted below. Telephone inquiries will not be accepted. SCOPE OF WORK: See PWS attachment. PRICE SCHEDULE: Offers providing less than 100 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. Contractor shall provide all labor, supervision, materials, equipment, tools and supplies to complete the work outlined in the PWS for the Dallas Fort Worth National Shrine project following National Cemetery Administration standards. Units and services to be in accordance with PWS, Technical Specifications, and the Terms and Conditions contained in this solicitation. The schedule price shall be all-inclusive, including all labor, equipment, materials, and supplies to complete the Contract Line Item (CLIN). Offerors shall enter unit price and total amounts for each CLIN as indicated in the schedule. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid price and the total of the CLINs will be recomputed accordingly. Offeror is to understand the quantities stated in the schedule are estimates for pricing purposes only. PRICE SCHEDULE OF SERVICES: PRICE SCHEDULE Period of Performance time is: 90 Days from date of award CLIN No. Description: Grounds Maintenance Services Quantity Unit Unit Cost Est. Total Cost 0001 Realign, raise/lower, level, backfill upright granite headstones in Sections 103. Includes surveying and installation. 568 EA $ ________ $ __________________ 0002 Level topsoil surface, renovate and re-establish turf grass stand in Section 103. 31,285 SF $ ________ $ __________________ 0003 Clean upright granite headstones 2,012 EA $ ________ $ __________________ Total Estimated Cost: $ __________________ PRE-AWARD SITE VISIT: A pre-award Site Visit will be held at Dallas Fort Worth National Cemetery, 2000 Mountain Creek Parkway, Dallas, Texas 75211 The impact of the COVID-19 has limited NCA s ability to conducted guided site visits as normal, therefore the importance of safeguarding the health and safety of NCA employees and contractors at the cemeteries, a Self-guided tour is available (you will have the ability to bring the drawings, take pictures and submit RFI questions with an extended time frame to do so) this will promote social distancing as advised by the CDC. The self-guided Site visit will be between the following dates: 4-20-20 thru 4-24-20 between the hours of 8:00am and 4:00pm local time. ***Questions pertaining to this solicitation shall be sent by email to: jerry.hodson@va.gov by 10:00 am MT three (3) days after the scheduled site visit. Responses to all questions received by this date will be posted on Contract Opportunities under an amendment. Telephone inquiries will not be accepted. QUOTE FORMAT AND SUBMISSION INFORMATION: Quotes shall be submitted using the following instructions: All Interested Offerors must be registered with the Department of Veterans Affairs eCMS Vendor Portal at https://www.vendorportal.ecms.va.gov. Offerors who require registration shall proceed to the Vendor Portal s Login section and shall click on Request a user account to register. In the event an Offeror is unable to submit a proposal through the vendor portal domain, prior to the proposal closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. If an Offeror is still having difficulties in submitting a proposal via the Vendor Portal the Contracting Officer may accept an Offeror s proposal via email under the following circumstances: 1. Offeror must provide evidence that an email discussions or verbal discussion with the VAAS helpdesk could not resolve registration issues. 2. Proposal submitted must meet the time constraints as set forth in the solicitation. Proposals submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. Late or incomplete Proposals will also be considered to be nonresponsive. Offers are NOT authorized to submit proposals packages by US mail; CD versions; Email; or Fax. EVALUATION PROCESS: In accordance with FAR 52.212-2,The Government will award a contract to the responsible offeror whose offer conforms to solicitation requirements and provides the best benefit to the Government, price and other factors considered. Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3). A comparative evaluation is the act of comparing either two or more offers in response to this RFQ. The Government reserve the right to consider a response that offers more than the minimum requirement and select that response if it provided the best benefit to the Government. The Government has the discretion to accept other than the lowest priced offeror that provides additional benefits. The Government has the discretion to make an award based on whether the lowest price and past performance of the quotations/offers, having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer. TECHNICAL APPROACH: Offer shall be evaluated in accordance with the criteria contained in the Statement of Work and on how well the technical approach meets the Government requirements. Technical approach shall include the following: 1. Contractor s or sub-contractor s experience in performing the work as described in the solicitation. 2. Contractor s Work Plan and Staffing Plan to include proposed man hours, methodology, list of equipment /vehicles to be used, licenses, permits, and insurance information. 3. Contractor s Managerial Qualifications of Key Personnel to include information on key personnel with relevant experience, identification of any sub-contractor s) to be used in the performance of this contract. PAST PERFORMANCE: Past performance shall be evaluated based on the quote s technical qualifications on projects within the last 5 years that are comparable in size, complexity, and scope. (Offerors shall complete and provide Attachment- 3, Business Management Questioner-/ Past Performance no more than three for each past related project) 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: The contracting officer s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or (D) Any other reasonable basis. PRICE: Quoted price will be evaluated for Reasonableness. The Government reserves the right to reject all quotes if doing so is in the best interest of the Government. PROPOSAL CONTENTS: Two volumes should be submitted. Volume 1 is Technical, and Volume 2 is Pricing. VOL 1 - Technical Package for Evaluation Documentation to evaluate the technical ability of Offeror: Explain the technical approach on how your company will perform the project. Include how the company and subcontractors will assign and perform work under this contract. Explain past experience in performing similar work. Proposed Key personnel with resumes. Past Performance Questionnaire. The offeror is responsible for providing at least three (3) references of their choosing. The references chosen by the offer should be selected based on past projects of the same or similar work. VA letter CVE verifying SDVOSB Status VOL 2 - Pricing Offer letter on Company letterhead which includes the following: Legal Business/Company Name (as listed in www.sam.gov ) DUNS Number Point of Contact/Authorized Negotiator Telephone number for contact Email address for contact person List any exceptions to the requirements. Completed Price Schedule for all Contract Line Item Numbers (CLIN) with Quoted amounts. SOLICITATION PROVISIONS AND CONTRACT CLAUSES: The full text of FAR/VAAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. https://www.va.gov/oal/library/vaar/ THE FOLLOWING SOLICITATION PROVISIONS APPLY TO THIS ACQUISITION: FAR Provisions 52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Oct 2018) 52.212-2 Evaluation-Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2019) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) VAAR Provisions 852.233-70 Protest Content/Alternative Dispute Resolution (Oct 2018) 852.233-71 Alternate Protest Procedure (Oct 2018) 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008) THE FOLLOWING SOLICITATION CLAUSES APPLY TO THIS ACQUISITION: FAR Clauses 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jan 2020) 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 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. 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: __ (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. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10)[Reserved]. __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13)[Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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)). _X_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f). __ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. __ (29) (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_ (30) (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. __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 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.) __ (35) (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.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (38) (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. __ (39) (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. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. _X_ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). _X_ (47) (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. __ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (49) 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). __ (50) 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). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). _X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). _X_ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (60) (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: __ (1) 52.222-17, Non-displacement 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). __ (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). _X_ (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, Non-displacement 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 78 and 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) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) 52.228-5 Insurance Work on a Government Installation (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) VAAR Clauses 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (OCT 2019) 852.203-70 Commercial Advertising (May 2018) 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2019) 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside (Jul 2019) 852.219-74 Limitations on Subcontracting Monitoring and Compliance (Jul 2018) 852.232-72 Electronic Submission of Payments Requests (Nov 2018) 852.237-70 Contractor Responsibilities (Apr 1984) 852.237-74 Non-Discrimination in Service Delivery (Sep 2019) 852.237-75 Key Personnel (Sep 2019) 852.270-1 Representatives of Contracting Officers (Jan 2008)