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FBO DAILY ISSUE OF APRIL 14, 2012 FBO #3794
SOLICITATION NOTICE

88 -- CD2F1 Male Mice, 6-8 weeks old

Notice Date
4/12/2012
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
112990 — All Other Animal Production
 
Contracting Office
Other Defense Agencies, TRICARE Management Activity, USUHS CONTRACTING OFFICE, 4301 JONES BRIDGE ROAD, Bethesda, Maryland, 20814-4799, United States
 
ZIP Code
20814-4799
 
Solicitation Number
HT940412QV481
 
Archive Date
5/8/2012
 
Point of Contact
Stephen Enokida, Phone: 301-295-1380, Michelle Creenan, Phone: 301-295-3924
 
E-Mail Address
Stephen.Enokida@usuhs.edu, Michelle.Creenan@usuhs.edu
(Stephen.Enokida@usuhs.edu, Michelle.Creenan@usuhs.edu)
 
Small Business Set-Aside
N/A
 
Description
The Uniformed Services University of the Health Sciences (USUHS) located in Bethesda, MD, has a requirement for 242 6-8 week old CD2F1 male mice with an option for 750 additional mice. These mice will be used in a pilot experiment which will assess the response of the mice acquired in this procurement to our current source (Harlan) of mice. If the pilot experiment shows that the responses of the new vendor's animals similar to our current vendor's mice, or they need more mice to make a conclusion, then an option will be exercised to get more mice from the new vendor. 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; quotes are being requested and a written solicitation will not be issued. The solicitation, number HU0001-11-Q-V549 is issued as a Request for Quotes (RFQ) in accordance with FAR Part 13. It will be the responsibility of the Contractor to monitor Federal Business Opportunities, http://www.fedbizopps.gov/ for the issuance of any changes/updates to the solicitation. This solicitation is issued as a request for quotation and incorporates all provisions and clauses in effect through Federal Acquisition Circular (FAC) 05-56 (Effective Date: April, 2012). A quote is requested for 242 6-8 weeks old CD2F1 male mice with an increased quantity options for 750 additional 6-8 weeks old CD2F1 male mice. •242 male mice (6-8 weeks old)Estimated Delivery Date-5/1/2012 •250 male mice (6-8 weeks old)Estimated Delivery Date-5/23/2012 OPTION •250 male mice (6-8 weeks old)Estimated Delivery Date-6/20/2012 OPTION •250 male mice (6-8 weeks old)Estimated Delivery Date-7/18/2012 OPTION All animal husbandry, breeding, and shipping practices should be in accordance with the Animal Welfare Act P.L. 89-544 and The Guide for the Care and Use of Laboratory Animals. The animals must be adventitious disease-free. All animals should be raised with restricted access and strict entry and exit policy in caging that reduces the exposure to pathogens such as in barrier condition, microisolation caging or isolators. They must be free of pathological lesions as assessed by gross exam. Health surveillance monitoring must be performed regularly on the colonies and verified by an outside source. Health Surveillance reports should be sent with the animal shipments and must be current as well as accurate. The mice must be specific pathogen-free, as documented by testing for the following agents: Viruses: Ectromelia, Hantaan, K Virus, Lactic Dehydrogenase Elevating Virus (LDEV), Lymphocytic Choriomeningitis, Minute Virus of Mice (MVM), Mouse Adenovirus type 1 (FL)(MAD-1), Mouse Adenovirus type 2 (K87)(MAD-2), Mouse Cytomegalovirus (MCMV), Mouse Hepatitis Virus (MHV), Mouse Parvovirus (MPV), Mouse Polyoma Virus, Mouse Rotavirus (EDIM), Mouse Thymic Virus (MTV), Murine Norovirus (MNV), Pneumonia Virus of Mice (PVM), Respiratory Enteric Virus III (REO 3), Sendai, Theiler's Murine Encephalomyelitis Bacteria, Mycoplasma and Fungi: Bordetella bronchiseptica, CAR bacillus, Citrobacter rodentium, Clostridium piliforme, Corynebacterium kutscheri, Dermatophytes, Helicobacter bilis, Helicobacter hepaticus, Helicobacter spp, Klebsiella oxytoca, Klebsiella pneumoniae, Mycoplasma pulmonis, Pasteurella multocida, Pasteurella pneumotropica, Pneumocystis murina, Proteus mirabilis, Pseudomonas aeruginosa, Salmonella spp, Staphylococcus aureus, Streptobacillus moniliformis, Streptococcus pneumoniae, Streptococcus spp Group B beta Parasites: Ectoparasites, Endoparasites, Enteric Protozoan, Encephalitozoon cuniculi Genetic monitoring should be used to detect possible contamination and policies and procedures must be in place to reduce genetic drift. Diet and Bedding Monitoring: Standard laboratory animal diet should be used, Teklad preferred. Diet should be manufactured under ISO 9000 procedures with careful ingredient sourcing and monitoring. High quality bedding and bedding enrichment products should be manufactured following appropriate quality standards and screened periodically for contaminants, with certification available. Delivery of animals should be in climate-controlled vehicles as close to Bethesda as possible. Animals should be packed, shipped and delivered in the same day to reduce shipping stress; a trip of less than 5 hours is preferred. Temperature and humidity should be monitored in real time. Vehicles should be subject to stringent cleaning and testing before and after each use to ensure that animals are not exposed to pathogens during transport. Vehicles should be ISO 9001:2000 certified. Vehicles should be dedicated to the shipment of research animals and supplies. Animals should be shipped with food/water supplies appropriate for the length of shipment in shipping containers that meet all standard animal transportation practices. It is anticipated that USUHS will award a blanket purchase agreement to the selected vendor for the CD2F1 strain of mouse if the pilot program is successful. The selected vendor must be capable of delivering large quantities of male CD2F1 mice, each month. The estimated number of mice to be delivered monthly, if a BPA is awarded, is 250. It is preferred that the vendor be capable of making deliveries on more than one day each week. Delivery Location: AFRRI Loading Dock Include PO Number on Packing Slip 8901 Wisconsin Avenue Building 42 Bethesda, MD 20889-5603 Evaluation Factors: The government will award a single firm-fixed-price (FFP) order resulting from this solicitation to the responsible vendor whose offer, conforming to this announcement; will be most advantageous to the government based on best value determination: Evaluation Factors: I.Technical: Offerors must submit literature for the quoted animals and provide a description of the housing of the animal and the transportation method. At a minimum, the literature must demonstrate that the animals quoted meets the minimum specifications. Offerors must also provide literature on their breeding program and how they maintain adequate levels of stock for the CD2F1 mouse strain. Offerors must also provide delivery lead time after receipt of order. II.Past Performance: The Government shall evaluate the offeror's present and past performance on similar tasks within the past three years. Offerors must provide two (2) customer references for similar work performed. The Government reserves the right to select which reference(s) to contact. The following must be provided for each listed reference: a.Name of client and address b.Name of current point of contact including telephone number, email address and title c.Contract number d.Contract value e.Contract period of performance f.A clear description of the supplies/services provided USU may request additional information at any time. Offerors will have an opportunity to address any adverse past performance history. Offerors who do not have any past performance history will not be rated favorably or unfavorably, but will instead receive a Neutral/Unknown rating for past performance. Offerors must clearly state in their quote if they do not have at least two (2) past performance references. Failure to provide this information may render an offeror's quote non-responsive and may not be considered for award. A strong history of relevant past performance may be more advantageous to the Government than a less relevant record of favorable performance. The Government reserves the right to use data provided by the offeror and data provided by alternative sources in conducting its assessment of past performance history. III.Price: Offerors must provide unit price for the base CLIN (initial delivery) and each option CLIN in order to be considered for award. USUHS is a part of the Department of Defense (DOD) and is tax exempt. Do not include taxes in your quoted price. Prices must include shipping and handling charges, packaging/crates and fuel charges if applicable. Requirements: 1) To be eligible for contract award, a contractor must be registered with the Central Contractor Registration (CCR) database. For instructions on registering with CCR please see the CCR website at http://www.ccr.gov and the Online Representations and Certifications Application (ORCA) database https://orca.bpn.gov/ prior to award. 2) All offerors must submit all quotes electronically to stephen.enokida@usuhs.edu by April 23 2012 at 7:00 am EST. Deadlines All responsible sources may submit a quotation which shall be considered by the agency. All questions must be emailed to michelle.creenan@usuhs.edu by April 2012 at 10:00 am EST. All answers to questions will be posted as an amendment to this RFQ. All responses are due by April 23 2012 at 7:00 am EST. Late quotes will not be considered. The submitter should confirm receipt of submissions. With your quote please answer the following questions: - Will you accept VISA for payment? If so, are there any extra fees associated with this? - Have all relevant discounts been applied, such as government, bookstore or education? - Is this the lowest price that you can offer to any of your customers? If not, why did we not receive the lowest price? - Have all relevant charges been applied, i.e. shipping? - What is the lead time? - What is the DUNS for your company? The Government reserves the right to award without discussion. 52.252-1 -- Solicitation Provisions Incorporated by Reference. As prescribed in 52.107(a), insert the following provision: SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html [Insert one or more Internet addresses] (End of Provision) 52.252-1 -- Instructions to Offerors - Commercial Items 52.212-3 -- Offeror Representations and Certifications - Commercial Items 52.212-2 -- Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: EVALUATION -- COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1.Technical 2.Past Performance 3.Price. Technical and past performance, when combined, are more important than price. [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) Clauses: 52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html [Insert one or more Internet addresses] (End of Clause) 52.204-7 -- Central Contractor Registration 252.204-7004 -- Alternate A, Central Contractor Registration 52.212-4 -- Contract Terms and Conditions - Commercial Items Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2012) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (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). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __X_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (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). ___ (13) (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. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. __X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Mar 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138 and Pub. L. 112-41). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Mar 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). _X__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (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. (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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause". Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d) (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 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. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (N) 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.
 
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