Auto Crib Automated Inventory Equipment

COMBINED SYNOPSIS/SOLICITATION FA8100-11-Q-0013 Note to Vendors: This Amendment is to correct the NAICS code that was noted on the initial Combined Synopsis/Solicitation from 423510 to 335311. Offerors are requested to notify the Contracting Office via email to acknowledge receipt of this Amendment no later than 4:00 PM CST 7 April 2011. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number: FA8100-11-Q-0013 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. Type of Contract to be awarded: Firm Fixed Price, fixed quantity contract This procurement is a "brand name" supply effort in accordance with 10 U. S. C. 2304 (c) (1) as implemented by FAR 6.304 (a) (2). The attached Justification and Approval (J & A) authorizes use of other than full and open competition procedures to obtain Auto Crib equipment for use throughout the 76 MXW. The applicable NAICS Code is 423510, Metal Service Centers and Other Merchant Wholesalers The Defense priorities and Allocations Systems (DPAS) assigned rating for this procurement is unrated. The proposal in response to this RFQ must be submitted to the Contracting Officer on or before 4:00PM Central Standard Time, 01 April 2011. The offeror should hold offered prices firm for 60 days. Contracting Point of Contract: Caren Annesley, 405-739-9120 or Tony Kyzer, 405-734-0710, e- mail, caren.annesley@tinker.af.mil or tony.kyzer@tinker.af.mil. Description of Requirement: The Air Force requires a Firm Fixed Price, Contract for the Auto Crib automated inventory equipment which provides a means of supplying and measuring common use items used throughout the 76 MXW. 76 MXSS is in the process of installing automated point of use Equipment (POU) throughout 76 MXW. Through this transition it was discovered that there is a need for a brand with specific abilities not currently offered by Auto Crib competitors. AutoCrib is the brand found that is able to accommodate all the needs of the 76 MXW within one company. This is not a sole source request. The requirement will be competed among the approved small business dealers for Auto Crib items. LINE ITEM AUTOCRIB PN ITEM UNIT PRICE QTY 0001 710-953 Back Bone Set 2 (1 up to 80 doors) 0002 701-500 Locker Assembly - 5 - 1 Door Kit - 18"x7.2"x18" - Includes Latches & Wiring 0003 730-104 SuperRobo Kit (enable lockers in RoboCrib. exe & serial kit) 5 0004 701-664 Locker Assembly - 12 - 2 Door Hand Tool - 6"x6"x24" 2 Includes Latches & Wiring 0005 710-324 3 stack 24x24x24 w/windows (24" Cube) 0006 701-624 6 stack 12x6x24 9 (Gage Deep) 0007 710-957 External Controller - 5 Super Robo 0008 717-101 AutoCabinet 200 Aux Unit 10 0009 717-100 AutoCabinet 200 Main Unit 4 SUPPLIES OR SERVICES AND PRICES/COSTS Required Period of Performance: Contract Award to completed delivery of all items Ship to: F3YCEF ATTN: NEAL PRITCHARD 76 MXSG/MXDVBB Comm.: 405-622-7458 DSN: 892-7458 3001 Staff Drive, STE S69 Tinker AFB OK 73145-9013 Inspection & Acceptance: Destination Inspection & Acceptance Report: Commercial Shipping Document Quality Assurance: Commercial Item Inspection FOB: Destination Packaging: Commercial Best Practice Solicitation provision at FAR 52.212-1, Instructions to Offerors - Commercial Items is hereby incorporated by reference. 52.212-1 Instruction to Offerors - Commercial Items. INSTRUCTIONS TO OFFERORS FOR PROPOSAL PREPARATION USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES GENERAL INSTRUCTIONS a. Instructions to the Offerors (ITO): This section of the ITO provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror's proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions. The offeror shall be compliant with the requirements as stated in the Request for Proposal, Contract Line Item Numbers of the Request for Proposal and any attachments. Non-conformance with the instructions provided in the ITO may result in an unfavorable proposal evaluation. b. Include Sufficient Detail: The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal. c. Embellishments Not Desired: Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Similarly, for oral presentations, elaborate, productions are unnecessary and not desired. d. Proposal Acceptance and Validity Dates: The proposal acceptance period is specified above and the offer shall make a clear statement in the proposal documentation that the proposal is valid until this date. e. Disposition of Proposals: In accordance with FAR 4.803(a)(10) (Contents of Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offer requests otherwise, the Government will destroy extra copies of such unsuccessful proposals. GENERAL INFORMATION a. Point of Contact: The Procurement Contracting Officer (PCO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the PCO. Written requests for clarification may be sent to the PCO at the address located in Section A of the model contract/solicitation. b. Debriefings: The PCO will promptly notify offerors of any decision to exclude them from the competition in accordance with FAR 15.503. Whereupon they may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable. c. Discrepancies: If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. d. Distribution: The original proposal shall be identified. Proposals shall be addressed to the PCO and e-mailed to caren.annesley@tinker.af.mil FACTOR 1--TECHNICAL PROPOSAL Technical proposals are not required. Technical acceptability will be determined based on the offerors compliance with the requirement as stated in the SUPPLIES OR SERVICES AND PRICES/COSTS, Contract Line Item Numbers. FACTOR 2--PRICE PROPOSAL Completion of the RFP, SUPPLIES OR SERVICES AND PRICES/COSTS, Contract Line Item Numbers will represent the price proposal. FACTOR 3--RELEVANT PAST AND PRESENT PERFORMANCE INFORMATION Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. There is no submission required for Past Performance Information. CONTRACT DOCUMENTATION a. Model Contract/Representations and Certifications: The purpose of this section is to provide information to the Government for preparing the contract document and supporting file. The offeror's proposal shall include a signed cover letter stating the offeror's company name, cage code, and printed name of the signing official with their title and a date of signature. Signature by the offeror on the cover letter constitutes an offer, which the Government may accept. The cover letter shall include a statement by the offeror of acknowledgement of each Solicitation Amendment including the date of the Amendment. The "original" copy should be clearly marked under separate cover. The proposal shall include a completed copy of the attached file titled Contract Documentation. All pricing and delivery shall be addressed in Supplies or Services and Costs/Prices, Contract Line Item Numbers. Pricing Information shall be limited to Contract Line Item Number, (CLIN) level pricing, including unit and extended pricing as specified in this section. The Contract Documentation shall include all fill ins for applicable clauses in the Contract Clauses Section. Clause 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS, Complete representations, certifications, acknowledgments and statements. Offeror shall fill out an online provision Annual Representations and Certifications (FEB 2009), Online Reps and Certs (ORCA) at http://www.bpn.gov/orca. b. Exceptions to Terms and Conditions: Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in a format that is readable and communicates the information in a manner that is clear and concise. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. c. Other Information Required: Authorized Offeror Personnel: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. Person who can obligate your company: Name: Title: Telephone: Person from your company who is authorized to negotiate with the Government: Name: Title: Telephone: Government Offices: Provide the mailing address, telephone and fax numbers and facility codes for the cognizant Contract Administration Office, DCAA, and Government Paying Office. Also, provide the name and telephone and fax number for the Administrative Contracting Officer (ACO). DCMA: DCAA: Pay Office: ACO: Solicitation provision at FAR 52.212-2, Evaluation - Commercial Items is hereby incorporated by reference. 52.212-2 EVALUATION - COMMERCIAL ITEMS EVALUATION FACTORS FOR AWARD USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES GENERAL INFORMATION a. Basis for Contract Award: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by 52.212-2, Instructions to Offerors - Commercial Items of this solicitation. The Government reserves the right to award without discussions. Therefore, each initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer. b. Number of Contracts to be Awarded: The Government intends to select one contractor for the Louden Requirements. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted and the availability of funds. c. Rejection of Unrealistic Offers: The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program. d. Correction Potential of Proposals: The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an offeror's proposal not meeting the Government's requirements is not considered correctable, the offeror may be eliminated from the competitive range. EVALUATION FACTORS a. List factors and Sub factors: The Government will evaluate for acceptability the factors below: Factor 1- Technical Proposal Factor 2- Cost/Price Factor 3-Past Performance b. Evaluation Methodology: Technical acceptability will be evaluated on all offers. Only those offerors determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Then, price will be evaluated and the proposals will be listed from lowest to highest price based on the total evaluated price. Then, the offerors' past performance will be evaluated starting with the lowest price technically acceptable offer. Only those offerors determined to have an acceptable past performance rating, either initially or as a result of discussions, will be considered for award. Past performance evaluations will cease when the first two technically acceptable proposals receive an acceptable past performance rating for price comparison purposes. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factors. c. Technical Factor: By submission of its offer, the offeror accedes to all solicitation technical requirements, to include the Government's Required Delivery Schedule, and will be determined technically acceptable. If the offeror is unable to meet the Government's Required Delivery Schedule, the offeror may set forth the delivery schedule the offeror is prepared to meet. However, should the offeror's proposed delivery schedule not meet the Required Delivery Schedule and should the Government determine such proposed delivery schedule to be unacceptable, the offeror will be determined UNACCEPTABLE. If the offeror's proposed delivery is determined acceptable, the solicitation will be amended and each offeror will be afforded an opportunity to revise their proposals. If the offeror does not propose a different delivery schedule, the Government's Required Delivery Schedule shall apply. Failure to meet a requirement may result in an offer being determined technically unacceptable. Each proposal will receive one of the ratings described below for Factor 1 - Technical Proposal Acceptable - The proposal meets specified minimum requirements necessary for acceptable contract performance. Unacceptable - The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable. d. Cost/Price Factor: Cost/Price Evaluation: The offeror's cost/price proposal will be evaluated for award purposes by adding the total price for basic requirements (basic award). Total Evaluated Price: Price analysis will be performed to determine the reasonableness of the offeror's price proposal. Reasonableness will be based on the total evaluated price. The total evaluated price will be calculated as the sum of the Contract Line Item Numbers (CLINs) unit/extended prices plus other associated factors such as transportation costs if appropriate. Unrealistically Low Costs or Prices: Unrealistically low proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or the offeror has made an unrealistic proposal. Unbalanced Pricing: Offerors are cautioned against submitting an offer that contains unbalance pricing. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or sub line items. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government. e. Past Performance Factor: Past performance information may be gathered from both Government (such as RYG, MOCAS, CPARS) and commercial sources. Offerors will not be penalized if no past performance information is available. Past performance will either be satisfactory, neutral, or unsatisfactory where satisfactory equals a neutral or determination of responsibility, and unsatisfactory equals a determination of non-responsibility. Any unsatisfactory rating given to a small business will be referred to the Small Business Administration pursuant to FAR 15.101-2(b) and 19.6 for resolution. f. Discussions: It is the Government's intent to award without discussions; therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs), and the Final Proposal Revisions (FPRs) will be considered in making the source selection decision. PRE-AWARD SURVEY The Government may conduct a pre-award survey (PAS) as part of this source selection. Results of the PAS (if conducted) will be evaluated to determine each offerors' capability to meet the requirements of the solicitation. PLANT VISITS In the event discussions are necessary, plant visits may be conducted during the evaluation phase to develop knowledge for judging the potential for correction of deficiencies. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. CONTRACT CLAUSES 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2009) (IAW FAR 12.301(b)(4)) (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 (Sep 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 (Dec 2008) (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 (Section 1553 of Pub. L. 111-5). _______ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-15). __ __ (5) 52.219-3, Notice of Total HUB Zone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ __ (6) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (7) [Reserved] __X __ (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ __ (8) (ii) Alternate I (Oct 1995) of 52.219-6. __ __ (8) (iii) Alternate II (Mar 2004) of 52.219-6. __ __ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ __ (9) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (9) (iii) Alternate II (Mar 2004) of 52.219-7 __X __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d) (2) and (3)). __ __ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d) (4)). (In accordance with DDP Memo dated 12 Feb 2009, DAR Tracking Number 2008-O0008, Class Deviation - Electronic Subcontracting Reporting System, 52.219-9 (DEVIATION) applies when subcontracts are not required to be reported in FPDS, orders against BOAs and BPAs, and purchase orders issued under the Test Program for Certain Commercial Items at FAR 13.5.) __ __ (11) (ii) Alternate I (Oct 2001) of 52.219-9. __ __ (11) (iii) Alternate II (Oct 2001) of 52.219-9. __X __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ __ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d) (4) (F)(i)). __ __ (14) (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). (In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.) __ __ (14) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007-O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.) __ __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __X __ (18) 52.219-28, Post Award Small Business Program Re-representation (Apr 2009)(15 U.S.C. 632(a)(2)). __ __ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X __ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). __X __ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X __ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __X __ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). __X __ (24) 52.222-36, Affirmative Action For Workers with Disabilities (Jun 1998)(29 U.S.C. 793). __X __ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). __X __ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ __ (27) 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.) (Not applicable until 30 Jun2009 per FAC 2005-29, Amendment 3, published 17 Apr 2009.) __ __ (28) (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.) __ __ (28) (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.) (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b). (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). (30) (ii) Alternate I, (Dec 2007) of 52.223-16. __ __ (31) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ __ (32) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Feb 2009)(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169). __ __ (32) (ii) Alternate I (Jan 2004) of 52.225-3. __ __ (32) (iii) Alternate II (Jan 2004) of 52.225-3. __ __ (33) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___X __ (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). __ __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ __ (37) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)). __ __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __X __ (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31.U.S.C. 3332). __ __ (40) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31.U.S.C. 3332). __ __ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ __ (43) (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). __ _ (43) (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) (Nov 2006) (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 (Feb 2002) (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 U.S.C. 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 (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (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)). 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (IAW DFARS 212.301(f)(iii)) (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 provision of law applicable to acquisitions of commercial items or components. __X __ 52.203 3 Gratuites (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) 252.203 7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). __X __ (2) 252.205 7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). __ __ (3) 252.219 7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009) __ __ (4) 252.219 7004 Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009) __ __ (5) 252.225 7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). __X __ (6) 252.225 7012 Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). __ __ (7) 252.225 7014 Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (DAR Tracking # 2008-O0002 specifies use of class deviation 252.225-7014 dated Jan 2008) __ __ (8) 252.225 7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). __ __ (9) 252.225 7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). __ __ (10) 252.225-7021 Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). __ __ (11) 252.225 7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). __ __ (12) 252.225 7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). __ _ (13)(i) 252.225 7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) __ __ (13)(ii) 252.225 7036 Alternate I (OCT 2006) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). __ _ (14) 252.225 7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). __X __ (15) 252.226 7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian ...