Floating Concurrent Subscription

The National Institutes of Health intends to negotiate on a sole source basis with Partek, Inc. The National Institute of Nursing Research (NINR) needs to obtain a software titled "Partek Genomics Suite" which assists scientists with analyzing genomic data using larger than standard sizes. This software allows quick and efficient view or reanalysis of existing institutional data sets, which reduces costs and animal use by eliminating the need to repeat experiments to obtain new data sets for analysis. A new software would completely nullify all previous research conducted and its historical data, compromise the quality of the data and significantly impact the ability to reach critical milestones. Partek is the only distributor for the software. The subscription for the software term is twelve month (12) Base with two (2) Option Periods. Please see the attached Justification and Approval. Responses The proposed acquisition action is for items and services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1 (b). If you believe you can provide the services, please forward capability statements to [email protected] by July 25, 2016. A determination by the Government not to compete this proposed contract acquisition based upon responses to the notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed. Information provided will be used to assess tradeoffs and alternatives available for the potential requirement and may lead to the development of a solicitation. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. Any solicitation resulting from the analysis of information obtained will be announced to the public in Federal Business Opportunities in accordance with the FAR Part 5. However, responses to this notice will not be considered adequate responses to a solicitation. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s). 52.212-4 Contract Terms and Conditions - Commercial Items (Dec 2014) Addendum to 52.212-4 Invoicing Guidance Mail the original itemized invoice to: National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500 For inquires regarding payment call: Chief, Accounts Payable Section, OFM (301) 496-6088 Additionally, please email a courtesy copy of the invoice to the Contract Specialist for the official contract file. The following Invoice and Payment Terms is applicable to all purchase orders, task/delivery orders and BPA Calls: I. Invoice Requirements A. An invoice is the Vendor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in bullets 1 through 12 below. If the invoice does not comply with these requirements, it can result in an invoice being considered improper and returned to the vendor. 1. Name and Address of the Vendor 2. Invoice date (Date Invoice Submitted) 3. Order number and where applicable, main agreement (e.g., BPA and Contract #) 4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or service performed 5. Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms) 6. Name and complete mailing address where payment is to be sent per ACH information on record 7. Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice 8. DUNS number or DUNS+4, as registered in CCR 9. Vendor Identification Number (VIN) 10. NOTE: This only applies to new purchase orders, task/delivery orders and BPA Calls awarded on/after June 4, 2007. The VIN is a 7 digit number that appears after the vendor's name on the face page of the award document in the block where the contractor's name and address appear. Inclusion of the VIN on the invoice is not required if the invoice identifies the contractor's DUNS or DUNS+4 11. Any other information or documentation required by the order (e.g., evidence of shipment) 12. Unique Invoice Number which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number), regardless if the invoices are being issued out of separate locations B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. II Invoice Payment A. Except as indicated in paragraph B below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: 1. The 30th day after the designated billing office has received a proper invoice 2. The 30th day after Government acceptance of supplies delivered or services performed B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. III. Interest Penalties A. An interest penalty shall be paid automatically if payment is not made by the due date and the conditions listed below are met, if applicable 1. A proper invoice was received by the designated billing office; 2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition; 3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301 (b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 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) 52.209-10 , Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50 , Combating Trafficking in Persons (Feb 2009) ( 22 U.S.C. 7104(g) ). ___ Performed outside USA Alternate I (Aug 2007) of 52.222-50 ( 22 U.S.C. 7104(g) ). (3) 52.233-3 , Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (4) 52.233-4 , Applicable Law for Breach of Contract Claim ( Oct 2004 )"(Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate .] __ Over SAP (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 ). __ Over $5m and 120 days performance (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (Apr 2010) ( 41 U.S.C. 3509 )). __ ARRA (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.) __ Over $25K (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) [Reserved]. __ Over $2.5M (6) 52.204-14 , Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ IDIQ $2.5M (7) 52.204-15 , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ Over $30K (8) 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). __ Over $500K and 52.209-7 is checked (9) 52.209-9 , Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 . __ Full and open (12)(i) 52.219-4 , Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I ( Jan 2011) of 52.219-4 . __ (13) [Reserved] __ (14)(i) 52.219-6 , Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ Non-manufacturer rule waiver (ii) Alternate I (Nov 2011). __ FPI included (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 2014) ( 15 U.S.C. 637(d)(2) and (3)). __ Unrestricted and subcontracting possible over $500K (17)(i) 52.219-9 , Small Business Subcontracting Plan (Oct 2014) ( 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 (Oct 2014) of 52.219-9 . __ (18) 52.219-13 , Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.C. 644(r) ). __ 8(a) (19) 52.219-14 , Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ Includes 52.219-9 (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. 657 f ). __ All over micro purchase (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) ( 15 U.S.C. 637(m) ). __ (24) 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 Over $3K (25) 52.222-3 , Convict Labor (June 2003) (E.O. 11755). X Over $3K (26) 52.222-19 , Child Labor-Coopertion with Authorities and Remedies (Jan 2014) (E.O. 13126). X Over $10K (27) 52.222-21 , Prohibition of Segregated Facilities (Feb 1999). X Over $10K (28) 52.222-26 , Equal Opportunity (Mar 2007) (E.O. 11246). __ Over $100K (29) 52.222-35 , Equal Opportunity for Veterans (Jul 2014)( 38 U.S.C. 4212 ). X Over $15K (30) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). __ Over $100K (31) 52.222-37 , Employment Reports on Veterans ( Jul 2014) (38 U.S.C. 4212). __ Over SAP (32) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ Over SAP (33) 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 .) __ Over $150K (34)(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.) __ For all imaging equipment (copiers/printers/fax machines) when government buys, contractor buys for government, or contractor furnishes for government use (35)(i) 52.223-13 , Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13 . __ For all Television when government buys, contractor buys for government, or contractor furnishes for government use (36)(i) 52.223-14 , Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14 . __ Energy star or FEMP (37) 52.223-15 , Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ For all personal computer products when government buys, contractor buys for government, or contractor furnishes for government use (38)(i) 52.223-16 , Acquisition of EPEAT®-Registered Personal Computer Products ( Jun 2014 ) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16 . __ All (39) 52.223-18 , Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ Micro and $25K (40) 52.225-1 , Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ $25K to $204K (41)(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 . __ Over $204K (42) 52.225-5 , Trade Agreements ( Nov 2013 ) ( 19 U.S.C. 2501 , et seq ., 19 U.S.C. 3301 note). X All (43) 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). __ (44) 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) . __ Local area set asides (45) 52.226-4 , Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ Local area set asides (46) 52.226-5 , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (47) 52.232-29 , Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505 , 10 U.S.C. 2307(f) ). __ Qualified installment payments (48) 52.232-30 , Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 4505 , 10 U.S.C. 2307(f) ). __ All (49) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ Exception applies (50) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ Purchase card (51) 52.232-36 , Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ IT with Security (52) 52.239-1 , Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ Ocean transportation (53)(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. ] __ Subject to SCA (1) 52.222-41 , Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). __ Subject to SCA (2) 52.222-42 , Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ Subject to SCA (3) 52.222-43 , Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ Subject to SCA (4) 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 ). __ Maintenance that is commercially available (5) 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 ). __ When using 52.222-52 (6) 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 ). __ Service contracts that are not exempted (7) 52.222-17 , Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ Over $25K for provision service or sale of food (8) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). _ For vending machines and other buys utilizing US Currency _ (9) 52.237-11 , Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). _ If work is performed in US and 52.222-6 or 52.222-41 also are included _ (10) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (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) ( 41 U.S.C. 3509 ). (ii) 52.219-8 , Utilization of Small Business Concerns (Oct 2014) ( 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 (May 2014) (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 (Jul 2014) ( 38 U.S.C. 4212 ). (vi) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (vii) 52.222-37 , Employment Reports on Veterans (Jul 2014) ( 38 U.S.C. 4212 ) (viii) 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 . (ix) 52.222-41 , Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (x) 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) ). (xi) 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 ). (xii) 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 ). (xiii) 52.222-54 , Employment Eligibility Verification ( Aug 2013 ). (xiv) 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). (xv) 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 . (xvi) 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 . (xvii) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (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 2014). 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) ( 41 U.S.C. 3509 ). (B) 52.203-15 , Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8 , Utilization of Small Business Concerns (Oct 2014) ( 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 (Jul 2014) ( 38 U.S.C. 4212 ). (F) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 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 Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (K) 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 ). (L) 52.222-54 , Employment Eligibility Verification (Aug 2013). (M) 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 . (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 . (O) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2014) Executive Order 13658).