CGC JUNIPER DRYDOCK REPAIRS

COMBINED SYNOPSIS/SOLICITATION 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, and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. This solicitation is for an Unplanned Dockside Repairs for the United States Coast Guard Cutter (USCGC) JUNIPER (WLB 201). This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This requirement is issued as a Request for Quotations (RFQ). This RFQ incorporates provisions and clauses are those in effect through Federal Acquisition Circular 05-87 effective March 7, 2016. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 12. The Small Business Size Standard for NAICS Code 336611 is 1,250 employees. Work covered by this solicitation shall be completed within 21 calendar days from the date the vessel becomes available to the contractor. This requirement is for the contractor to provide all necessary, labor, materials, services, equipment, supplies, power, accessories, special tools and other such things as are necessary to Dockside Repair Services to USCGC JUNIPER in accordance with Attachment1- Section B Schedule of Supplies/ Services (below) and Attachment 2, Specification for Unplanned DOCKSIDE Repairs FY2016 - Rev-0, dated March 21, 2016. The scope of the acquisition is to flush the crane and deck hydraulic system the ship and complete the following definite and possible option work items as listed below: Work Item Number Description Qty and Unit of Issue PRICE D-001 Crane and Buoy Deck Hydraulic System, Flush 1 JOB D-002 Buoy Deck Equipment and Hydraulic System DCV Inspect and Service 1 JOB D-00C Travel and Per Diem 1 JOB O-00A Composite Labor Rate 170 HR D-00B GFP Report NSP TOTAL Period of Performance: April 4- 22, 2016. Note: If your firm is not available to perform the Crane and Deck Hydraulic System, Flush for the USCGC JUNIPER starting on April 4, 2016, provide with your quote, the date when your firm will be available. Award will be made to the firm that quotes the most advantageous quote to the Government and is considered fair and reasonable. Place of Performance: At the vessel's home pier: 47 Chandler Street, NAVSTA NETA, Pier 2, Newport, RI. Quote Submissions: Quotes are due, March 30, 2016 at 8:00 AM Eastern. Quotes, together with the signed amendment(s), if applicable, must be submitted electronically to: contact@example.gov AND contact@example.gov. The anticipated award date is on or about March 31, 2016; however it is subject to change. The government intends to award a firm fixed priced contract resulting from this solicitation to the responsible vendor whose complete quote, conforming to the solicitation, provides the best and final offer. Work covered by this solicitation shall be completed within 18 calendar days from the date the vessel becomes available to the Contractor. The availability is scheduled to start on or about 4 April 2016 and end on or about 22 April 2016. An arrival conference normally will be held within 24 hours of the scheduled start date. Quotes must be valid for 60 days. No facsimile quotes will be accepted. All quotes must be clearly marked with RFQ No. HSCG85-16-Q-P45E29. Contractors are responsible for verifying receipt of their quotes to this office before offer due date and time. Each quoter SHALL FURNISH ALL the information REQUIRED by the solicitation, which includes: 1. Price Schedule filled out with a cost associated with each CLIN. 2. Past Performance Documentation (at least two (2) relevant to scope of work and within three (3) years). 3. Proof of Insurance (Statement of Coverage from current Insurance carrier) 4. List the names of ALL Sub-Contractor's that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services. 5. **ALL Technical Representative Certifications for BOTH PRIME AND SUBCONTRACTORS as specified in the specification DEADLINE FOR RFQ QUESTIONS: All questions regarding this requirement shall be submitted electronically to Iran Walker, email: contact@example.gov no later than March 28, 2016 at 1:00 pm EDT to allow adequate time to prepare a response. Email is the preferred method of submission. FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008) Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. (End of Provision) FAR 52.212-1 INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS (OCT 2015) & ADDENDUM To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation 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 with quote. The successful offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2. NOTICE OF PREAWARD SURVEY (a) Areas of interest on this survey may include, but are not limited to the following: 1. Performance Plans 2. Quality control or contractor quality assurance Plans 3. Personnel recruitment and training plans 4. Workload factors for manpower utilization 5. Management plan for handling peak workloads 6. Production capability a. Plant facilities and equipment b. Purchasing and subcontracting c. Labor resources d. Performance record e. Ability to meet delivery schedules f. Ability to perform production work in accordance with the specifications. 7. Environmental/energy considerations 8. Plant safety 9. Technical and/or professional abilities 10. Accounting systems 11. Security clearance 12. Government property control (b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that a bidder will receive or is in the best position to receive the resultant award. PAST PERFORMANCE The offeror shall provide at least two (2) past or current relevant contracts (including federal, state, and local government and/or private) for efforts similar to the scope of work in this solicitation. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance. The offeror is further reminded that the source selection authority shall determine the relevance of similar past performance information. The offeror is requested to provide this information in the following format for each contract: a. Name of contracting agency/ customer b. Agency/customer point of contact (include phone number and email address) c. Contract number d. Contract award date e. Contract completion date f. Contract value (original and final) If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor. VOLUME II: PRICE Provide one (1) fully executed and signed copies of the solicitation. Ensure all sections are complete. (End of Provision) FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. ***Past performance is significantly more important than price.*** The following factors shall be used to evaluate offers: 1. Past Performance (a) The Government will evaluate the offerors past performance information for quality and confidence. The offeror shall identify at least two relevant (construction, overhaul, repair and alteration of ships) and current federal, state or local government or private contracts performed during the last three (3) years. If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor. The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a) (2). The quality of past performance and relevance of experience to the Coast Guard will be evaluated. The ability to manage and maintain a qualified workforce will be considered. Customer satisfaction will be an integral consideration. In evaluating past performance the Government will consider contracts performed during the last 3 years. Emphasis will be placed upon the contractor's administration of the contractual responsibilities. For example: (1) Adequacy of contract start up. (2) Performance in accordance with proposed method of performance. (3) Sufficiency of proposed personnel to perform contract. (4) Filling of key positions with qualified individuals. (5) Quality performance of work. (6) Response to emergency situations. (7) Schedule adherence (including administrative aspects of performance.) (8) Responsiveness to Government requirements. (9) Performance in accordance with contract requirements. (10) Customer satisfaction. (11) Complete submittals. (12) Timely delivery of paperwork. (13) Timely and accurate invoice submittals (14) Quality of drawings. (15) Knowledge of Customer Requirements and Expectations. (16) Management and cost control of subcontracts Following the quality evaluation, the Government will assign an overall confidence rating to each past performance reference, considering both the relevance and quality of the provided reference. The Government will then assign a composite past performance confidence rating for the vendor's overall past performance, considering the confidence ratings assigned to each individual reference. The confidence evaluation will be in accordance with the following table Past Performance Quality Rating: Rating Definition Exceptional Performance meets contractual requirements and exceeds many to the Government's benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective. Very Good Performance meets contractual requirements and exceeds some to the Government's benefit. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective. Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory. Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented. Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor's corrective actions appear or were ineffective. Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP (b) The Government may review Contractor Performance Assessment Reporting System (CPARS) ratings on relevant contracts and may also consider Past Performance Information Retrieval System (PPIRS) ratings, regulatory agency databases, past performance questionnaires, information submitted by each Offeror with its quote, and other existing past performance information contained in either local or other supervisor files, or from other Government sources or non-Government sources. Offerors are advised that in evaluating an Offeror's past performance, the Government may, in its sole discretion, consider information from sources outside the Offeror's quote. For example, the Government may consider information based on its own experience with the Offeror and/or may contact the parties for whom the Offeror performed contracts and consider their response when evaluating the Offeror's quote. General trends in a contractor's performance will also be considered. In the case of an Offeror without a record of relevant past performance, or for whom information on past performance is not available, they will not receive a favorable or unfavorable rating. The assessment of the Offeror's Past Performance is one of the factors used for evaluating the Offeror's ability to successfully perform the requirements of this solicitation as well as to determine the Offeror's performance risk for the subject solicitation. Such consideration is separate and distinct from the Contracting Officer's responsibility determination under FAR 9. The Government reserves the right to contact references provided by the Offeror, and otherwise verify statements and representations made in the Offeror's quote, but reserves the right not to contact. 2. Price The total price of the offeror will be determined by totaling the proposed prices of all the Definite Items and the Composite Labor Hour extended total, plus lay days and foreseeable costs. Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. Price quote will be reviewed for completeness and reasonableness. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS- COMMERCIAL ITEMS (MAR 2016) See Attachment 3, FAR 52.212-3 ORCA Representations and Certifications in Full text (Fill in). FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (MAY 2015) & ADDENDUM This solicitation incorporates by reference 52.212-4, and the addendum. See Attachment 4, Invoicing Instructions FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (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 (Nov 2015) (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)(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: x__ (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). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. _x_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (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. __ (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] x__ (14)(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). __ (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. _x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). x__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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). _x (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). x__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). x__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). x__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). x__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). x__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. x__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). x__ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). x__ (44) 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). __ (45) 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). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). x__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 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). __ (5) 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). __ (6) 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). __ (7) 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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 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 (Oct 2015) (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 $700,000 ($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, Non displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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) (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 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) FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the timeframe indicated in the chart below. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. When time is of the essence, initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired. (End of Clause) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the ...