DPS for NOAA Ships OSCAR DYSON and HENRY BIGELOW

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2005-60 dated 07/26/2012. The acquisition is being conducted pursuant to FAR Parts 12 and 15. The solicitation number is EA133M-12-RP-0147 and is issued as a Request for Proposals (RFP). THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The RFP is issued on an unrestricted basis and is subject to the World Trade Organization (WTO) Government Procurement Agreement (GPA) and Free Trade Agreements, and was previously published in the on-line Forecasting and Advance Acquisition Planning System under record number 14859. The associated North American Industry Classification System (NAICS) code is 334511, which has a corresponding size standard of 750 employees. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, has a requirement to provide new Dynamic Positioning Systems on board NOAA Ships OSCAR DYSON and HENRY B. BIGELOW to replace the Integrated Vessel Control System Dynamic Positioning Systems, Model IVCS 2003, which were installed when the vessels were launched in 2003 and 2005, respectively. Each ship will have the new dynamic positioning system installed as part of their winter 2012-2013/early spring 2013 dry dock or dockside package under a separate contract. This requirement is for equipment, OEM installation support services and training. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division located at 200 Granby Street, Norfolk, VA 23510, requires the following items: Item 0001: Provide new DPS, for NOAA Ship OSCAR DYSON, including all components, interfaces, software, licenses, hardware, 40-hour bridge crew training, documentation, shipping and delivery; and related items, in accordance with the attached Statement of Work (SOW). Unit Price: $______________; Quantity 1; Unit of Issue: Each; Extended Price: $__________ Item 0002: Provide new DPS for NOAA Ship HENRY BIGELOW, including all components, interfaces, software, licenses, hardware, 40-hour bridge crew training, documentation, shipping and delivery; and related items, in accordance with the attached Statement of Work (SOW) Unit Price: $______________; Quantity: 1; Unit of Issue: Each; Extended Price: $__________ Item 0003: Provide OEM installation support for NOAA Ship OSCAR DYSON DPS installation in accordance with the attached SOW. Installation is anticipated to occur during the ship's next dry dock or dockside repair period, which is tentatively scheduled for between November 1, 2012 through January 1, 2013. For estimating purposes, plan for sea trials in Newport, OR; however, the location of the next dry dock or dockside repair period is yet to be determined. Unit Price: $______________; Quantity: 1; Unit of Issue: Lump Sum; Extended Price: $_________ Item 0004: Provide OEM installation support for NOAA Ship HENRY BIGELOW DPS installation in accordance with the attached SOW. Installation is anticipated to occur during the ship's next dry dock or dockside repair period, which is tentatively scheduled for approximately early Spring 2013. For estimating purposes, plan for sea trials in Norfolk, VA; however, the location of the next dry dock or dockside repair period is yet to be determined. Unit Price: $______________; Quantity: 1; Unit of Issue: Lump Sum; Extended Price: $_________ Item 0005: Travel expenses for on-site installation support on board NOAA Ship OSCAR DYSON. Travel expenses will be reimbursed in accordance with the Federal Travel Regulation (FTR) and Federal Acquisition Regulation (FAR) 31.205-46. Provide the General and Administrative (G&A) Expense Rate applicable to travel: ____________%. Unit Price: Estimated $15,000.00; Quantity: 1; Unit of Issue: Lump Sum; Extended Price: $_________ (Est. cost of travel $15,000.00 plus G&A rate times $15,000.00). Item 0006: Travel expenses for on-site installation support on board NOAA Ship HENRY BIGELOW. Travel expenses will be reimbursed in accordance with the Federal Travel Regulation (FTR) and Federal Acquisition Regulation (FAR) 31.205-46. Provide the General and Administrative (G&A) Expense Rate applicable to travel: ____________%. Unit Price: Estimated $10,000.00; Quantity: 1; Unit of Issue: Lump Sum; Extended Price: $_________ (Est. cost of travel $10,000.00 plus G&A rate times $10,000.00). TOTAL ALL ITEMS: $____________________ The SOW titled "Dynamic Positioning System Replacement for NOAA Ships OSCAR DYSON and HENRY B. BIGELOW" is attached to this RFP and is incorporated herewith. The DPS for OSCAR DYSON shall be delivered to NOAA, Marine Operations Center - Pacific, Marine Engineering Branch, Attention: Jessica Long, 2002 SE Marine Science Drive, Newport, OR 97365 before November 1, 2012 and the DPS for HENRY BIGELOW shall be delivered to NOAA, Mission Support Division/MOA3, Attention: Mr. Ken Marston, 439 West York Street, Norfolk, VA 23510 before December 10, 2012. Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (Reference 1346.503) The place of acceptance for the DPS for OSCAR DYSON will be at the Marine Operations Center - Pacific, Marine Engineering Branch, 2002 SE Marine Science Drive, Newport, OR 97365. The place of acceptance for on-site installation support will be on board NOAA Ship OSCAR DYSON at a location to be determined. The place of acceptance for the DPS for HENRY BIGELOW will be at the Mission Support Division/MOA3, 439 West York Street, Norfolk, VA 23510. The place of acceptance for on site installation support will be on board NOAA Ship HENRY BIGELOW at a location to be determined. (g) NOAA/ERAD INVOICES (APR 2011) Invoices may be submitted electronically to the COR; original invoices shall be submitted to the designated billing office as follows: FOR NOAA SHIP HENRY BIGELOW: FOR NOAA SHIP OSCAR DYSON: NOAA/OMAO Marine Operations Center - Pacific ATTENTION: (TBD @ award) Marine Engineering Branch 166 Water Street ATTENTION: (TBD @ award) Woods Hole, MA 02634-1097 2002 SE Marine Science Drive Newport, OR 97365 An electronic copy of invoices shall be submitted to the Contracting Office identified in this RFP. Payment will be made by the Department of Commerce/NOAA Finance Systems Admin Branch/OFA112, 20020 Century Blvd., CXXI I-B&D, Germantown, MD 20874. (End of clause) (i) Full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://oam.eas.commerce.gov/CAPPS_car.html. (o) System Warranty. The warranty period shall commence with a written document that establishes specific System Commissioning date. The System commissioning date shall be after a successful testing and acceptance sea trial and after the date of assignment of ABS DPS-1 class notation. The basic warranty period shall be for a minimum of one (1) year from the System Commissioning date and include unlimited remote technical assistance for tuning the system and setting or modifying system parameters. During the basic warranty period, technical support shall include site visits by the contractor if required to correct problems, repair or replace defective items, and bring the system to a satisfactory operating status. The contractor's responsibility for travel costs shall be based on travel from the vendor's facility to Newport, OR for NOAA Ship OSCAR DYSON and from contractor's facility to Norfolk, VA for NOAA Ship HENRY B. BIGELOW. (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 1309.507-2) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 1309.507-2) (u) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 1301.602-170) (v) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) The COR for each vessel will be determined at time of contract award. The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) (w) NOAA/AGO SCHEDULE OF DELIVERABLES The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract: Item Description Quantity Due Date Deliver to: Reference 1 Complete DPS, including all equipment and components, hardware and components for required interfaces, system specific software & license keys, and CDs containing backup software for controller 1 each for OSCAR DYSON and HENRY BIGELOW DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 DYSON: Newport, OR BIGELOW: Norfolk, VA SOW Section titled "REQUIREMENTS" 2 "Tuning and Acceptance Test" document draft 1 2 weeks prior to sea trial COR SOW Section titled OEM Installation Support, paragraph titled "Sea Trial" 3 "Tuning and Acceptance Test" document final 2 1 week prior to sea trial COR SOW Section titled OEM Installation Support, paragraph titled "Sea Trial" 4 Hands-on and Theoretical Training Min. 40 hours each TBD Six members of bridge team, each vessel @ vendor's facility SOW Section titled "REQUIREMENTS", paragraph titled "Training" 5 At-Sea Training 8 hours Upon completion of DP system installation and sea trials Bridge team members, each vessel SOW Section titled OEM INSTALLATION SUPPORT", paragraph titled "At-Sea Training" 6 Participation in original testing and acceptance @ Sea Trial 4 days TBD COR SOW Section titled OEM INSTALLATION SUPPORT, paragraph titled "Sea Trial" 7 On-site Installation Services 3 days (each vessel) TBD COR and Installation Contractor (TBD) SOW Section titled OEM INSTALLATION SUPPORT, paragraph titled "OEM Technical Representative Services" 8 Remote support during installation As needed TBD COR and Installation Contractor (TBD) SOW Section titled OEM INSTALLATION SUPPORT, paragraph titled "OEM Technical Representative Services" 9 Operator Manual 3 hard copies; 1 digital copy (each vessel) DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 COR SOW Section titled "REQUIREMENTS", paragraph titled "Additional Documentation" 10 Technical Manual 3 hard copies; 1 digital copy (each vessel) DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 COR SOW Section titled "REQUIREMENTS", paragraph titled "Additional Documentation" 11 Installation Manual 3 hard copies; 1 digital copy (each vessel) DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 COR SOW Section titled "REQUIREMENTS", paragraph titled "Additional Documentation" 12 Mathematical Model 3 hard copies; 1 digital copy (each vessel) DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 COR SOW Section titled "REQUIREMENTS", paragraph titled "Additional Documentation" 13 Ordering Information for Spares 1EA (per vessel) DYSON: before 11/1/2012 BIGELOW: before 12/10/2012 COR SOW Section titled "SPARE PARTS" (End of clause) (x) FAR 52.237-34, FOB DESTINATION (NOV 1991) (End of clause) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012)*** FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 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: XX (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.) XX (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). XX (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] __ (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. XX (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)). __ (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. 657 f). __ (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)). __ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). XX (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 (JUL 2012). (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. XX (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. XX (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (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)). XX (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). XX (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.] __ (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 2010) (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 (JUL 2012). (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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Jul 2012). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 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)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 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. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 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.). (K) 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.). (L) 52.222-54, Employment Eligibility Verification (Jul 2012). (M) 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. (N) 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. (End of clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2012) *** FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: Any questions regarding this Request for Proposals (RFP) must be sent electronically to Michelle Blake at contact@example.gov no later than 2:00 P.M. Eastern (local time) on September 3, 2012. (a) This acquisition is subject to World Trade Organization Government Procurement Agreement (WTO GPA) and Free Trade Agreements. (b) Offerors shall submit written proposals in response to this solicitation in the English language. Sign and date the proposal. Type or print the name of the person signing the proposal, including the signer's title. (b)(2) Offerors interested in submitting a proposal in response to this Request for Proposals (RFP) are requested to provide their written proposal, including the following information, before 3:00 P.M., September 10, 2012. (b)(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. Provide verifiable information regarding the requirement that the DPS proposed meets the requirement of the SOW, Section titled "REQUIREMENTS", item 1 under the paragraph titled "DPS". If subcontractors will be used to accomplish any part of the SOW, the vendor shall provide sufficient detail of such to include subcontractor list, effort subcontracted, and experience subcontracting the effort to subcontractor. (b)(5) Offerors are required to submit a copy of their company's standard commercial warranty for the DPS proposed. (b)(6) Offerors shall submit FIRM FIXED-PRICE proposals, FOB DESTINATION, in response to this solicitation in U.S. DOLLARS. (b)(10) Past Performance: Offerors shall provide past performance information, including recent and r...