Maintenance Services for Uninterruptable Power Supply (UPS)
This is a combined synopsis/solicitation for commercial items 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; proposals are being requested and a written solicitation will not be issued.
SOLICITATION: W912DS19T0037.
This is a Request for Quotes (RFQ) for commercial items in accordance with FAR Part 12. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular.
This procurement is being solicited as a 100% SMALL BUSINESS SET-ASIDE. The applicable NAICS Code 238210 Electrical Contractors and Other Wiring Installation Contractors. The small business size standard is $15,000,000.
CONTRACT LINE ITEMS:
ITEM NO
0001: BASE YEAR - UPS Maintenance
Description:
Perform preventive maintenance on Uninterruptable Power Supply (UPS) at Caven Point Marine Terminal. (01 October 2019 - 30 September 2020).
Unit: Month Quantity: 12
Unit Price: $ Net Amount: $_________
ITEM NO
0002: OPTION YEAR 1 - UPS Maintenance
Description:
Perform preventive maintenance on Uninterruptable Power Supply (UPS) at Caven Point Marine Terminal. (01 October 2020 - 30 September 2021).
Unit: Month Quantity: 12
Unit Price: $ Net Amount: $_________
ITEM NO
0003: OPTION YEAR 2 - UPS Maintenance
Description:
Perform preventive maintenance on Uninterruptable Power Supply (UPS) at Caven Point Marine Terminal. (01 October 2021 - 30 September 2022).
Unit: Month Quantity: 12
Unit Price: $ Net Amount: $_________
ITEM NO
0004: OPTION YEAR 3 - UPS Maintenance
Description:
Perform preventive maintenance on Uninterruptable Power Supply (UPS) at Caven Point Marine Terminal. (01 October 2022 - 30 September 2023).
Unit: Month Quantity: 12
Unit Price: $ Net Amount: $_________
ITEM NO
0005: OPTION YEAR 4 - UPS Maintenance
Description:
Perform preventive maintenance on Uninterruptable Power Supply (UPS) at Caven Point Marine Terminal. (01 October 2023 - 30 September 2024).
Unit: Month Quantity: 12
Unit Price: $ Net Amount: $_________
ITEM NO
0006: OPTIONAL Emergency Call Back Service - UPS Maintenance
Description:
Emergency Call Back Service during Regular Working Hours. (This is a pre-priced item with a Not To Exceed Amount of $10,000 over the total contact period of performance)
Unit: Job Quantity: 1
Amount: NOT TO EXCEED $10,000.00
Total Base Year (CLIN 0001): $
Total Option Years (CLINs 0002 - 0005): $
Offeror Information:
Company Name:
DUNS:
CAGE:
Signature:
Date:
Statement of Work
General Requirements
1. Scheduling of Preventive Maintenance, Service and Repairs.
Normal Work: All normal work under this agreement, including unlimited call-back service, will be performed during the hours of 7:00 a.m. to 3:30 p.m. on all regular working days observed by the Federal Government (hereinafter called Regular Working Hours). If overtime work is required, the Government will pay only at the Contractor's regular billing rate as accepted by the Government. Emergency circumstances are understood to be those which pose imminent possibility of equipment damage or worker injury as judged by the Contractors employees.
2. Emergency Call Back Service
Callback service during Regular Working Hours: The Contractor shall, at a negotiated additional charge to the government, provide emergency minor callback service for any reasons, excluding vandalism, during the regular working hours. The Contractor shall respond to a callback within a maximum of twenty-four (24) hours from the time the request for service is made by the Government's authorized personnel.
3. Time Tickets
The Contractor shall provide time tickets signed by the Government's representative at the completion of each regular examination or repair which must include date, equipment, and identification, time of arrival, time of departure, nature of visit, action taken and name of qualified serviceman. A copy of the time ticket shall be left with the Government's representative at the site. The Contractor agrees that this time ticket is provided for the sole convenience of the Government. The Government's representative does not undertake to approve or to certify as to the correctness, adequacy, or performance of any work. The time ticket only provides proof of Contractor's physical presence at the site at the time the Government's representative signs the time ticket.
4. Maintenance schedule and work log
The Contractor shall post a preventive maintenance schedule and a work log in each machine room. The log shall include all entries for routine maintenance and repairs, including supervisor's surveys. Entries shall include but not exclusively date work is
completed, mechanic's or supervisor's name, description of work completed, and the
approximate time required for the work. The log and maintenance schedule shall be
maintained in each machine room and shall be presented quarterly to the Government for review. The Government may inspect and copy the log and maintenance schedule at any time.
5. Trouble Log
A trouble log shall be maintained by the Contractor in the machine room of the building.
The Contractor shall record in the log as a minimum, the date of each callback, the time reported, the time left, the reported trouble, the problem found and the corrective action taken. In addition, the Contractor shall report this information semi-annually in writing and in a mutually agreed upon format and tender same to the Government's representative so as to also review the operational status of the UPS trouble call control log.
6. Inspection fees
Inspection fees charged by State Enforcing Authorities shall be paid by the Contractor.
Fees for re-inspection due to failure to eliminate deficiencies covered by this maintenance agreement will be paid by the Contractor
Technical Data
Manufacturer: Mitsubishi Electric
Model No.: Model #: UP1133A-B403SU-2 DP1100A
Number of Battery Strings: Four (4) x 10kVA power modules
Maintenance Bypass: Static Bypass (1 x 3 Brkr Maintenance Bypass with Output Xfmr,
208v)
Power: 40kVA
Serial Number: 16-7M85284-09
Dimensions: 29.9" W x 27" D x 55.1" H/ 830 lbs
Performance Requirements
The Contractor shall be responsible to provide all supervision, labor, equipment and
materials to accomplish the following maintenance tasks in accordance with manufacturer's
recommendation.
Annual System Check
1.) Physical Inspections
a. Internal/external visual inspection of UPS cabinet for signs of dirt and other foreign
material
b. Visual inspection of internal components for signs of deterioration and or damage
c. Visual inspection of internal wiring signs of looseness deterioration and or damage
d. Visual inspection of environment for signs of impact to proper UPS operation
2.) Electrical Inspections
a. Verification of proper software versions and all adjustable parameters
b. Verification of proper control power supply values
c. Verification of proper converter/rectifier operation
d. Verification of proper inverter operation
e. Verification of proper cooling fan operation
f. Verification of proper static/internal maintenance bypass operation
g. Verification that system voltages and currents are within specifications
h. Verification of proper display of system values
i. Review event/fault history menus
3.) Systems Operation Check
a. Verification of proper inverter forward and revers manual transfer operation
b. Verification of proper inverter forward and reverse automatic (fault) transfer operation
c. Verification or proper external maintenance bypass operation
d. Verification of proper emergency (back up) mode of operation (after battery check only)
e. Verification of proper operation of peripheral products
f. Verification of proper operation of emergency power off (EPO) test
g. Verify UPS is supporting critical load and no alarms are present
4.) Follow Through
a. Document and advise customer of all findings
b. Review equipment operation and event/fault history with customer
c. Make adjustments or take corrective action where possible
d. Develop a remedial action plan with customer to address major issues
Semi-Annual System Check
1.) Physical Inspections
a. Visual inspection of environment for signs of impact to proper UPS operation
2.) Electrical Inspections
a. Verification of proper software version and all adjustable parameters
b. Verification of proper cooling fan operation
c. Verification of proper display of system values
d. Review event/fault history menus
3.) System Operation Check
a. Verify UPS is supporting critical load and no alarms are present
4.) Follow Through
a. Document and advise customer of all findings
b. Review equipment operation and vent/fault history with customer
c. Make adjustments or take corrective action where possible
d. Develop a remedial action plan with customer to address major issues
(VRLA) Battery System Preventative Maintenance
Semi-Annual System Check
1.) Visual Inspection
a. Inspect individual battery units for sings of electrolyte leakage, venting, overheating,
terminal integrity, terminal corrosion, bulging, and general cleanliness
b. Check battery room or area for proper temperature and ventilation
2.) Cleaning
a. Battery cabinet interior/exterior free of dirt and debris
b. Battery units free of dust and debris
3.) Data Recording/Measurements
a. Battery cabinet name plate information including date code
b. Ambient battery unit temperature at or near the highest physical location in the battery
string
c. DC float voltage for each individual battery unit
d. Measure and record each battery units' internal Ohmic values
e. Temperature of the negative terminal on each battery unit
f. Measure for DC ground faults
4.) Battery Charger
a. Verify proper battery string float voltage and charging current per manufactures
specifications System Checks Performed Annually
b. *Measure and record all inter-cell and main terminal cable Ohmic values. Take apart and clean any connection that has an Ohmic value less than the manufacturer's recommended value or has a value that decreased by more than 20% below the baseline value. Any loose connections that are found will be torqued to the battery manufacturer's recommended value.
*Requires DC breaker to be opened or UPS charger to be off (contingent upon
customer approval)
5.) Remedial Action
a. Develop remedial action plan with customer to replace battery units where test values fall outside of the battery manufactures specifications.
INSTRUCTIONS TO QUOTERS:
Quotes shall be submitted by email, as a PDF document to matthew.lubiak@usace.army.mil and must be received by 20 September 2019 at 4:00PM. Quotes must be signed and dated, and completed with prices for all contract line items (CLINs). Quoters are reminded to ensure that online Representations and Certifications in SAM are up to date, or may provide completed Representations and certifications with their quote.
The prospective contractor must have adequate experience in the subject work, be fully licensed, and have any necessary industry and/or manufacturer certifications, if applicable. Offerors shall provide proof of required licenses, certifications, and experience upon request.
FAR provision at 52.212-1, Instructions to Offerors -- Commercial Items; FAR provision 52.212-3, Offeror Representatives and Certifications - Commercial Items; FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items; and FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition See attached addenda which provides applicable provisions and clauses.
Quotes must conform to the solicitation requirements to be eligible for award. The evaluated price will be the total base plus option price (CLINs 0001 - 0005), excluding the emergency call back service (CLIN 0006). The lowest price quote that conforms to the solicitation requirements will be considered the best value to the Government and will be selected for award of a firm fixed price contract.
POINT OF CONTACT:
Matthew Lubiak
917-790-8089
matthew.lubiak@usace.army.mil
U.S. Army Corps of Engineers, New York District
26 Federal Plaza, Room 1843
New York, NY 10028-0090
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.223-1 Biobased Product Certification MAY 2012
52.232-23 Assignment Of Claims MAY 2014
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. DEC 2018
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)
(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) 52.209-10, 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, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (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).
X (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]
X (14) (i) 52.219-6, Notice of Total Small Business 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)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (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 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) (i) 52.222-26, Equal Opportunity (Sep 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).
X (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). (E. O. 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 Television (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. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (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).
___ (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:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (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).
X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (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 (Jan 2019) (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) 52.219-8, 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 (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.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 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. 13706).
(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 Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 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.
(xxii) 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)
Erica Miller, Contract Specialist, Phone 9177908121, Email erica.b.miller@usace.army.mil - Matthew Lubiak, Contract Officer, Phone (917) 790-8089, Email Matthew.E.Lubiak@usace.army.mil
