News Column

Combine Solicitation - CLC Genomics WorkBench, Microbial Finishing Module

July 28, 2014



Notice Type: Combine Solicitation

Posted Date: 25-JUL-14

Office Address: Department of Health and Human Services; Food and Drug Administration; Office of Acquisitions and Grants Services; 5630 Fishers Lane, Room 2129 Rockville MD 20857-0001

Subject: CLC Genomics WorkBench, Microbial Finishing Module

Classification Code: 70 - General purpose information technology equipment

Solicitation Number: FDA-SOL-14-1135033

Contact: Brandi N. Saddler, Phone 240-402-7551, Email Brandi.Saddler@fda.hhs.gov - Linda Alexander-Giles, Contracting Officer , Email Linda.Alexander-Giles@fda.hhs.gov

Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business

Place of Performance (address): 8401 Muirkirk RdLaurel, MD

Place of Performance (zipcode): 20708

Place of Performance Country: US

Description: Department of Health and Human Services

Food and Drug Administration

Office of Acquisitions and Grants Services

Solicitation Number: FDA-SOL-14-1135033 Notice Type: Combined Synopsis/Solicitation Synopsis: Added: July 25, 2014 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This synopsis is to notify contractors that the government intends to issue a Purchase Order on a Brand Name or equal basis in accordance with FAR Part 13.5 for the following, under simplified acquisition procedures. The Request for Quotation number is FDA-SOL-14-1135033. Provisions and clauses in effect through Federal Acquisition Circular 2005-72 are incorporated into this request. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The provisions and clauses may be accessed in full text at www.acquisition.gov/far. The NAICS code is 423430. All qualified business interests are encouraged to submit a quotation. The purpose of this action is to procure CLC Genomics Workbench Network Licenses and Microbial finishing, and twelve (12) months of maintenance and support for both licenses, brand name or equal to salient characteristics below. The U.S. Food and Drug Administration requests quotation responses from qualified sources capable of providing the resources mentioned above (brand name or equal to product) within the time frame specified. 1. Statement of Need The U.S. Food and Drug Administration (FDA) is a regulatory agency with responsibility for the safety of food for humans and animals and the safety and efficacy of drug, devices and other medical products. In support of this regulatory mission, CVM runs a laboratory at the Office of Research in Laurel, MD which conducts analysis using scientific instruments. The Division of Animal and Food Microbiology (DAFM) conduct genomic researches to study the mechanism and evolution of antimicrobial resistance. These studies involve whole genome and plasmid sequencing using next generation sequencing technologies, and require high performance computing accelerated assembly of high-throughput sequencing data as well as a large number of downstream analysis tools. Bioinformatics software with user friendly and intuitive interface essentially takes high-throughput analysis away from hardcore bioinformatics programmers doing command-line scripts, and facilitates its use by microbiologist and biologist. In order to support these on-going genomic researches at the Office of Research, a cross-platform bioinformatics software to analyze next generation data generated from different sequencing platforms including Illumina MiSeq personal sequencer, Roche 454, Ion Torrent, Solid and Sanger is required. The Bioinformatics software will be used for analyzing and visualizing next generation sequencing data, while also supporting and integrating with other existing sequencing analysis workflows. The software must support read mapping as well as de novo assembly of hybrid data and genome finishing module. The read mapping functionality must support both short and long reads, paired reads, gapped and un-gapped alignments, and complex genomes with many repeats. The de novo assembly must support both short and long reads, paired reads, mate pair and Sanger sequencing. 2. Statement of Work (SOW)/Performance Work Statement (PWS) In order to continue work underway we need comprehensive cross-platform bioinformatics software to analyze and visualize next generation data generated from different sequencing platforms including Illumina MiSeq personal sequencer, Roche 454, Ion Torrent, SOLid and Sanger. CVM has previously purchased three network licenses of CLC Genomics Workbench and has determined a need for support and upgrades for the three existing network licenses. In addition, CVM has identified a need for additional network licenses of CLC Genomics Workbench as well as one module for Micorbial Finishing Module. The following defines the need for both of these requirements. Requirements for Maintenance and Support for Three Existing Network Licenses: CVM requires a one year maintenance and support to include the following: o Access to all product upgrades o Access to all bug fixes o Technical support provided via e-mail and telephone during normal business hours, Monday-Friday, 8am-5pm EST.

Minimum required salient characteristics of new licenses: This requisition is for the brand name or equivalent to CLC Genomics Workbench - Network license (2 licenses) and Microbial Finishing Module.

The CLC Genomics Workbench software must meet the following characteristics: * The bioinformatics software must be flexible to analyze and visualize data from all major next generation sequencing (NGS) platforms, like SOLiD, 454, Sanger, Illumina and Ion Torrent. * The software must have SIMD accelerated read mapping functionality that support both short and long reads, paired reads, gapped and un-gapped alignments, and complex genomes with many repeats. * The software must have SIMD accelerated de novo and reference based assembly functionality that support both short and long reads, paired reads, mate pair and Sanger sequencing. * The software must support hybrid data analysis including de novo assembly of Sanger data, 454 single read data, and Illumina paired end data at the same time in the same analysis. * The software must support multiplexing protocols for various types of multiplexing based on name, tags and barcoding. * The software must support a complete resequencing pipeline from read mapping to variant detection to downstream analysis. * The software must provide tools to support a full work flow in analysis of expression data and genome finishing module. * The software must run on Mac OS X, Windows, and Linux platforms. * The software must have the potential to scale up to a Server based 3-tier system architecture solution to offer maximum security and database management that support bioinformatic computing. * The software must include classical sequence analysis tools including PCR design, molecular cloning, BLAST, alignments, and phylogenetic trees. * The software must allow two users having the ability to concurrently run the software from different computers (two network licenses).

Microbial finishing module requirement * The software must provide tools with different functionalities to identify, visualize, and solve problems in genome assemblies and help for finishing bacterial genome.

* Maintenance/Support of new licenses: CVM requires a one year maintenance and support to include the following: o Access to all product upgrades o Access to all bug fixes o Technical support provided via e-mail and telephone during normal business hours, Monday-Friday, 8am-5pm EST.

Required Items

o CLC Genomics Workbench, Network License QTY (2) o Microbial finishing module, Network licenses QTY (1) o 12 Months of Maintenance- Upgrades and Support for two new licenses and finishing module o 12 Months of Maintenance- Upgrades and Support for existing 3 network licenses

CVM Point of contacts: Project Officer: The project officer assigned to this contract will be the person at the delivery location who will receive the item, schedule and ensure proper installation, schedule training, will submit delivery receipts to the COR and will communicate any pending issues with the COR. The Project Officer will be provided upon award. COR (if required): The COR assigned to this contract is responsible for maintaining the contract record, timely receiving of receipts, and for communicating with the Project Officer and Contracting Officer/Specialist to ensure the vendor is meeting the requirements of the contract. The COR will be provided upon award.

508 REQUIREMENTS Section 508. The following HHSAR clause apply: HHSR 352.239-73 Electronic and Information Technology Accessibility (January 2010) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by Public Law 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained, and/or used under this contract shall be in compliance with the ''Electronic and Information Technology Accessibility Standards'' set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the ''Access Board'') in 36 CFR part 1194. The complete text of Section 508 Final Standards can be accessed at http://www.access-board.gov/sec508/standards.htm.

List of 508 standards applies: 1194.21 Software Applications and Operating Systems 1194.31 Functional Performance Criteria 1194.41 Information, Documentation, and Support

ITIM Approval: This product has been approved (IM0077086)

Period of Performance: September 1, 2014 through August 31, 2013 Evaluation Factors for Award: The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest price technically acceptable offer, which shall represent best value to the Government. Award will be made on the basis of the lowest evaluated price meeting or exceeding the non-cost factor (technical conformance to the requirements of the solicitation). The Government intends to evaluate offers and award a contract without discussions. The offerors initial offer should contain the offerors best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the best interest of the Government; accept other than the lowest offer if determined to be technically unacceptable; and waive informalities and minor irregularities in offers received. Evaluation Factors for Award: Lowest price, technically acceptable. Offerors shall price each CLIN and also clearly state the overall cost to the Government. This is an all or nothing requirement, therefore, vendor shall provide a price for each CLIN as well as state the overall cost, otherwise your quotation will be determined to be substantially incomplete and not warrant any further consideration. The following factors shall be used to evaluate offers: 1. Technical Features Meeting/Exceeding Salient Requirements (Brand Name or Equal) 2. Price Proposal Instructions to Offerors: Offerors are required to submit the following information in their quote: Quotes must be firm-fixed-priced. If proposing a solution other than the brand name, please include: Details regarding how the proposed product satisfies each of the salient functional characteristics listed above. This portion of the quotation shall include all data and information required for technical evaluation of brand name or equal product. Offerors are reminded to include a completed copy of 52.212-3 ALT I with their response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the order. Offerors are to submit a Voluntary Product Accessibility Template (VPAT). The contractor is requested to hold price quotations for a minimum of 30 days. Other Administrative Instructions: Offerors responding to this RFQ must be registered with an Active status in the System for Award Management (SAM) Central Contractor Registration (CCR). In accordance with FAR 52.212-4, Offerors shall be registered in the CCR database to be considered for award. Registration is free and can be completed on-line. Please visit the System for Award Management (SAM) at: www.sam.gov to register. Quotations shall be submitted by email only as a MS Word or Adobe PDF attachment to Brandi Saddler. Quotations are due by 1:00 pm Eastern Time on Thursday, July 31, 2014. Any questions must be addressed to Brandi Saddler, Brandi.Saddler@fda.hhs.gov no later than 1:00pm Eastern Time on July 29, 2014. Primary Point of contact: Brandi Saddler, Contract Specialist Brandi.Saddler@fda.hhs.gov Phone: 240-402-7551

Secondary Point of contact: Linda Alexander-Giles, Contracting Officer Linda.Alexander-Giles@fda.hhs.gov Phone: 240-402-7522 Fax: 301-827-1044

Invoicing Instructions The Contractor shall submit one (1) original copy of each invoice to the e-mail addresses specified below: A. One (1) copy to the approving official:

B. One (1) copy to the Contracting Officer Representative (COR): Invoices submitted under this order must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: A. Name and address of contractor; B. Invoice date and invoice number; C. Purchase order/contract number; D. Invoicing type: 2-way match; E. Description, deliverable, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: 1. A period of performance for which costs are claimed; 2. Itemized travel costs, including origin and destination; 3. Any other supporting information necessary to clarify questionable expenditures; F. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; G. Terms of any discount for prompt payment offered; H. Name and address of official to whom payment if to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment); I. contact information of person to notify in event of defective invoice; J. Taxpayer identification number (TIN) and DUNS number; K. Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account which funds are to the deposited; L. Name of the FDA COR as referenced on the order; M. Any other information or documentation required by the purchase order/award; N. Contractor _____ is _____ is not required to attach an invoice log to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: 1. All invoices submitted to date under the subject contract award and under the task order, including the following: i. Invoice number, amount, and date submitted; and ii. Corresponding payment amount and date received. 2. Total amount of all payments received to date under the contract number and under the purchase order number. O. Electronic invoices must be submitted in PDF format on company letterhead. Questions regarding invoices should be directed to the FDA finance/payment office at: 301-827-3742, 866-807-3742, or fdavendorpaymentsteam@fda.gov.

Provisions: FAR 52.211-6, Brand Name or Equal; (AUG 1999) FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; (JUL 2013) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; (NOV 2013) Clauses: FAR 52.212-4, Contract Terms and Conditions---Commercial Items; (SEP 2013) FAR 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. 1. Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. 2. Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. 3. The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2014)

(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: __ (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 (June 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 (Jul 2013) (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's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (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 Set-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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 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-Subcon-tracting 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 (Jul 2013) (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. 657 f). X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (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 (Jul 2013) (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 (Jan 2014) (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 (AUG 2013). (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.) X (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). X (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. __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). X (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 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, 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 (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (42) 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). __ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (46) 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)). __ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (52)(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) (41 351, 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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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.

The Following HHSAR clauses are incorporated by reference:

352.222-70 Contractor cooperation in equal employment opportunity investigations (JAN 2010) 352.227-70 Publications and Publicity (JAN 2006) 352.231-71 Pricing of Adjustments (JAN 2001) 352.239-73 Electronic and Information Technology Accessibility (JAN 2010)

These clauses may be downloaded from: http://www.hhs.gov/oamp/policies/hssar.doc

Link/URL: https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-14-1135033/listing.html


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