22nd MEU Pre-Deployment Training

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6. THIS ANNOUCEMENT CONSTITUTES THE ONLY SOLICITATION, PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. MCIEast Contracting Department Camp Lejeune, NC is issuing this 100% Small Business set aside Request for Quote (RFQ) Solicitation No. M67001-13-Q- 0054 as a combined synopsis and solicitation. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued. The RFQ documents incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-61, effective 13 September 2012 and DFARS Change Notice (DCN) 20120906, effective 15 June 2012. The clauses and provisions incorporated in this solicitation may be accessed in full text at this address: https://farsite.hill.af.mil. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The NAICS Code (s) for this action is 611699, Professional l Other Miscellaneous Schools and Instruction and size standard is $10 million. The MCIEast Contracting Department will conduct this acquisition using Federal Acquisition Regulation (FAR) Subpart 12 and 13.5. Acquisition of Commercial Items under the FAR as supplemented with additional information included in this notice. As such, evaluation procedures pursuant to FAR 13.106 will be utilized to the maximum extent possible. The Contracting Officer may conduct comparative evaluations of offers pursuant to FAR 13.106-2(b). This acquisition is for FIVE (5) training courses: Close Quarter Combat (CQC) Marksmanship Skills Course, CQC Marksmanship With Sniper Training, On/Off-Road Combat Ground Mobility, CQC Tactics Course, and Full Spectrum Supported Situational Training Exercise. Approximately 60 Marines attached to the 22th Marine Expeditionary Unit, II Marine Expeditionary Force (II MEF), Camp Lejeune, NC will attend classes during the period of 12 June thru 01 July 2013. The proposed contract will be a commercial Firm Fixed Price contract. Interested contractors will provide pricing for the following: CLIN 0001: Six (6) day Close Quarter Combat (CQC) Marksmanship Skills Course for 60 students. Quantity: 1. CLIN 0002 Two (2) days of Close Quarter Combat (CQC) Marksmanship Course base on urban breaching and sniping training for 60 students. Quantity: 1. CLIN 0003: Four (4) day On/Off-Road Combat Ground Mobility Course for 60 students. Quantity: 1. CLIN 0004: Four (4) day Basic CQC Tactics Course for an estimated 60 students. Quantity: 1. CLIN 0005: One (1) day Full Spectrum Supported Situational Training Exercise (STX) Quantity: 1; 60 students. CLIN 0006: Lodging per day for 60 students. Quantity: 19 days CLIN 0007: Breakfast meal, first meal 12 June and last meal 01 July for 60 students. Quantity: 18 days; one meal will not be prepared on the day of the STX CLIN 0008: Lunch meal, first meal 12 June and last meal 01 July for 60 students. Quantity: 18 days; one meal will not be prepared on the day of the STX CLIN 0009: Dinner meal, first meal 12 June and last meal 01 July for 60 students. Quantity: 18 days; one meal will not be prepared on the day of the STX A vendor's quote must be written in a logical, practical, clear, concise and logically assembled manner, containing all pertinent information in sufficient detail to provide the evaluators with a clear understanding of the vendor's approach and to permit evaluation of the proposed program. It is the responsibility of the vendor to present enough information to allow the various work efforts, support, and management approaches to be meaningfully evaluated without discussions. The vendor's initial quote should contain the vendor's best terms from a price and technical standpoint. However, the Government reserves the right to, although we don't expect to, hold discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. A quote must be internally consistent or the quote will be considered unrealistic and may be considered unacceptable. Evaluation of the technical capability will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution. EVALUATION: The basis for award is tradeoff analysis. Evaluation Factors: 1) Technical Capability w/ sub-factors: defined as a) demonstration of the capability to perform all the requirements in this PWS; b) corporate experience providing this type of training for the United States Armed Forces; (2) Ability to meet required Period of Performance Dates; 3) Past Performance; and 4) Price. All evaluation factors other than price, when combined, will be evaluated as significantly more important than price. The Government intends to evaluate proposals and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Therefore, the vendor's initial proposal should contain the vendor's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all proposals if such action is in the public interest; and may waive informalities and minor irregularities in proposals received. The quote must include the following: 1) Introductory Folder 2) Technical/Management Proposal (demonstration of the capability to perform all the requirements in this RFQ). 3) Corporate Experience 4) Complete bio and experience of Subject Matter Expertise (SME) 5) Cost Proposal 6) Quality Assurance Plan 7) Past Performance QUOTE SUBMITTAL REQUIREMENT i. Technical Capability: a. The vendors shall provide a written statement on how the requirements in the performance work statement (PWS) will be met. The government desires the 5 or more years of experience working with the government agencies and lodging and dinning aboard the compound. b. The vendor shall submit, as part of its quote, information on previously performed contracts or on-going contracts that are similar to the statement of work/item description in the solicitation performed for Federal, State or local Governments, and for commercial firms. Information shall be provided on either 1) all such contracts within the past three years, or 2) the last three such contracts performed, whichever is fewer, and shall be limited to the name and address of the organization for which the services were performed, a brief description of the services performed, and the phone number and/or email of a contact for each contract listed. The information may also include a description of any quality awards earned by the vendor. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. If a quoter has no relevance past performance history, the quoter shall affirmatively state that it possesses no relevant past performance history. Such vendors will be rated unsatisfactory on past performance. ii. Past Performance: The vendor shall submit past performance ratings given by units or organizations utilitizing the vendor's training services iii. Price. The Government will conduct the price evaluation required by FAR 13.106 NOTE: The Government reserves the right to: Make one award as a result of this RFQ or no award at all if it is determined to be in the best interest of the government. WIDE AREA WORKFLOW: As a condition of receipt of this contract, the Contractor agrees to implement the Department of Defense (DOD) web based software application called Wide Area Workflow-Receipt and Acceptance (WAWF-RA). This application allows DoD vendors to submit and track invoices and Receipt/Acceptance documents electronically, and allows of complete visibility throughout the acceptance and payment process. The Website for registration is https://wawf.eb.mil . WAWF training can be accessed at http://www.wawftraining.com . Vendors must be registered in the System Award Management (SAM) registration database. Lack of registration in the SAM will make vendor ineligible for award. Information on registering in SAM may be obtained via the internet at https://www.sam.gov. REQUIRED SUBMITTAL DATES: Direct all questions regarding this solicitation to GySgt Clifford Felder at (910) 450-9381. The closing date and time for this solicitation is 18 March 2013 at 8:00 AM (EST). Quoter is responsible for ensuring that their submitted quote has been received and is legible. Submit quote to clifford.felder@usmc.mil or fax to (910) 450-9381. All questions regarding this solicitation shall be sent to GySgt Clifford Felder via email, clifford.felder@usmc.mil and received no later than 4:00 PM (EST), 15 March 2012. An amendment to the solicitation with all the questions and answers will be posted. LATE QUOTES WILL NOT BE ACCEPTED. Contracting Office Address: M67001 MARINE CORPS BASE CAMP LEJEUNE - RCO, Contracting, Bldg 1116, Marine Corps Base Camp Lejeune, NC. Point of Contact: GySgt Clifford Felder at (910) 450-9381 or clifford.felder@usmc.mil Vendors are to include a completed copy of the provisions at FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items and DFARS 252.212-7000 Offeror Representations and Certifications - Commercial Items with the proposal. If the vendor has completed the annual representations and certifications electronically at http://orca.bpn.gov only paragraph (k) of 52.212-3 and DFARS 252.212-7000 provision shall be completed (please submit a completed copy of paragraph (k) and 252.212-7000 with your proposal). The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition. The service the contractor provides shall comply with all Federal, State, and Local regulations. FOB site: Destination. The Provision & Clauses: 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-99 (DEV) System Award Management Registration (Deviation) AUG 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.242-13 Bankruptcy JUL 1995 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006 252.211-7003 Alt I Item Identification and Valuation (Jun 2011) Alternate I DEC 2011 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.225-7000 Buy American Act--Balance Of Payments Program Certificate DEC 2009 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 CLAUSES INCORPORATED BY FULL TEXT 52.222-99, Notification of Employee Rights under the National Labor Act (Deviation 2010-00013), in all solicitations issued after the date of this deviation and in resultant contracts, except for acquisitions- (1) Under the simplified acquisition threshold. For indefinite quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold; (2) For work performed exclusively outside of the United States; Or (3) Covered (in their entirety) by an exemption granted by the Secretary. This clause is applicable to the acquisition of commercial items, including commercially available off-the-shelf items. A contracting agency may modify this clause if necessary to reflect an exemption granted by the Secretary of Labor. * * * * * . NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATION LABOR RELATIONS ACT (DEVIATION 2010-O0013) (JUNE 2010) (a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and condition of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b) (3) of this section, must read, "Important Notice about Employee Rights to Organized and Bargain Collectively with Their Employers." (b) This is required notice, printed by the Department of Labor, may be- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency, if requested; (3) Download from the Office of labor-Management Standards web site at www.dol.gov/olms/regs/compliance/EO13496; or (4) Reproduced and used [as] exact duplicate copies of the Department of Labor's official poster. (c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR part 471. (d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E. O. 13496 or as otherwise provided by law. (f) Subcontractors. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicably of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance. (4) However, if the contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such ligation to protect the interest of the United States. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 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.) _X__ (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.) _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's 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 (Feb 2012) (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] __X__ (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. __X__ (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 (Jul 2010) of 52.219-9. ____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). _X___ (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 (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 2012) (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. 3126). __X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __X__ (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). __X__ (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. ____ (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). ____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 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, and 112-42). ____ (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 (MAY 2012) (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) 52.226-4, 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). ____ (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.) __X__ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (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 (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 1998) (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) 252.212-7000-provision for commercial items 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAY 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. __X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) ____ 252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (SEP 2011) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) __X__ 252.225-7001, Buy American Act and Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____ Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ ...