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VA261-12-C-0187 Fire Protection Services for Livermore VAMC <br /> [] (6)52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain <br /> Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). <br /> [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. <br /> 110-247) <br /> [] (8) 52.237-11, Accepting and Dispensing of$1 Coin(SEP 2008) (31 U.S.C. 5112(p)(1)). <br /> (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of <br /> this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified <br /> acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. <br /> (1) The Comptroller General of the United States, or an authorized representative of the Comptroller <br /> General, shall have access to and right to examine any of the Contractor's directly pertinent records <br /> involving transactions related to this contract. <br /> (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and <br /> other evidence for examination, audit, or reproduction, until 3 years after final payment under this <br /> contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the <br /> other clauses of this contract. If this contract is completely or partially terminated, the records relating to <br /> the work terminated shall be made available for 3 years after any resulting final termination settlement. <br /> Records relating to appeals under the disputes clause or to litigation or the settlement cf claims arising <br /> under or relating to this contract shall be made available until such appeals, litigation, or claims are finally <br /> resolved. <br /> (3)As used in this clause, records include books, documents, accounting procedure.;and practices, and <br /> other data, regardless of type and regardless of form. This does not require the Contractor to create or <br /> maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant <br /> to a provision of law. <br /> (e)(1)Notwithstanding the requirements of the clauses in paragraphs(a), (b), (c), and (d) of this clause, <br /> the Contractor is not required to flow down any FAR clause,other than those in this paragraph(e)(1) in a <br /> subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be <br /> as required by the clause-- <br /> (i) 52.203-13, Contractor Code of Business Ethics and Conduct(APR 2010) (Pub. L. 110-252, Title <br /> VI, Chapter 1 (41 U.S.C. 251 note)). <br /> (ii)52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and(3)), in <br /> all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to <br /> small business concerns)exceeds$650,000 ($1.5 million for construction of any public facility), the <br /> subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. <br /> (iii) [Reserved] <br /> (iv)52.222-26, Equal Opportunity(Mar 2007)(E.O. 11246). <br /> (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). <br /> (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793). <br /> • <br /> Page 21 of 34 <br />