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36C26123C0042 EXHIBIT A <br /> [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 <br /> U.S.C. 1792). <br /> (d) Comptroller General Examination of Record. The Contractor shall comply with the <br /> provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in <br /> excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of <br /> this contract, 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 <br /> Comptroller General, shall have access to and right to examine any of the Contractor's directly <br /> pertinent records involving transactions related to this contract. <br /> (2) The Contractor shall make available at its offices at all reasonable times the records, <br /> materials, and other evidence for examination, audit, or reproduction, until 3 years after final <br /> payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor <br /> Records Retention, of the other clauses of this contract. If this contract is completely or partially <br /> terminated, the records relating to the work terminated shall be made available for 3 years after <br /> any resulting final termination settlement. Records relating to appeals under the disputes clause <br /> or to litigation or the settlement of claims arising under or relating to this contract shall be made <br /> available until such appeals, litigation, or claims are finally resolved. <br /> (3) As used in this clause, records include books, documents, accounting procedures and <br /> practices, and other data, regardless of type and regardless of form. This does not require the <br /> Contractor to create or maintain any record that the Contractor does not maintain in the ordinary <br /> course of business or pursuant to a provision of law. <br /> (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of <br /> this clause, the Contractor is not required to flow down any FAR clause, other than those in this <br /> paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless <br /> otherwise indicated below, the extent of the flow down shall be as required by the clause— <br /> (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. <br /> 3509). <br /> (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or <br /> Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further <br /> Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in <br /> subsequent appropriations acts (and as extended in continuing resolutions)). <br /> (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed <br /> or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. <br /> 115-91). <br /> (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video <br /> Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). <br /> (v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and <br /> (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except <br /> subcontracts to small business concerns) exceeds the applicable threshold specified in FAR <br /> Page 30 of 33 <br />