Fire Safety Surveys - Various Locations - GSA Region 10

Regional Office, Auburn WA Fire and Safety Surveys for Various Locations REQUEST FOR QUOTE: 10PM-13-0002 Issue Date: 08/20/2013 Your firm is invited to submit a quote for Fire and Safety Surveys. GSA requests that your firm provide technical information and a complete quote for this project for a period of performance not to exceed 90 calendar days following the effective date of the purchase order. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due on September 4th, 2013 by 2:00 pm (Pacific Time Zone). Please email your quote and direct all inquiries to the following (Faxes will not be accepted): Brian Davis Purchasing Agent, Program Support Team Acquisition Solutions Branch (10PCQ) 400 15th Street SW, Auburn, WA 98001-6599 Office: 253-931-7346 **This acquisition is a total 100% Small Business Set-Aside** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. ACQUISITION MILESTONES/SCHEDULE (Estimated) 08/20/2013 RFQ Issued 09/04/2013 Technical Information and Price Quote Due 09/05/2013 Review of quotes complete 09/06/2013 Contract Award 09/06/2013 Notice to Proceed TBD Post Award Meeting Final Reports Due 10 Working Days From Completion Of Survey(s) Checklist of items to submit: PDF Document One: - Technical Information Letter - Qualifications of Contractor Personnel o Resumes o Certificates - Past Performance On Similar Projects PDF Document Two: - SF18 Request For Quote - Schedule of prices/Bid Sheets TABLE OF CONTENTS SECTION CONTENT 1.0 INSTRUCTIONS 2.0 STATEMENT OF WORK 3.0 PRICE INFORMATION REQUIREMENTS 4.0 TECHNICAL INFORMATION REQUIREMENTS 5.0 BEST VALUE DETERMINATION/BASIS FOR AWARD 6.0 COMMUNICATION AND REVISIONS 7.0 TERMS AND CONDITIONS (ATTACHMENTS ARE AVAILABLE UPON REQUEST) Attachment 1 Request for Quotation Attachment 2 SF Form 18, Schedule of Values Attachment 4 Qualification Requirements Attachment 5 Past Performance Surveys GSA will be accepting technical documentation and quotes for the following six groups with the intent to award one to six purchase orders. Contractors are asked to provide itemized pricing for each group they are proposing for. The Fire Safety Surveys will be performed at the following locations: Group 1 Buildings - GSA Region 10 Southern Service Center (SSC): Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. WA7803ZZ Social Security Building Vancouver, WA 11,195 OR6661ZZ 1201 Lloyd Boulevard Portland , OR 6,477 OR6620ZZ ODS Building Portland , OR 5,601 OR6697ZZ Pittock Building Portland , OR 4,641 OR6499ZZ Empire Corp Park II Bend, OR 3,515 OR6522ZZ Wilson Building Bend, OR 3,878 OR6660ZZ Oakstreet Building Salem, OR 9,733 Group 2 Buildings - GSA Region 10 Greater Puget Sound Service Center (GPSSC): Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. WA7858ZZ Port of Seattle SeaTac, WA 3,768 WA7874ZZ Sound Credit Union Building Tacoma, WA 9,200 WA7714ZZ Blaine Trade Center Blaine, WA 14,201 Group 3 Buildings - GSA Region 10 Northern Service Center (NSC): Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. AK3296ZZ Jacobson Building Yakutat, AK 2,927 AK3360ZZ Prospectus Warehouse Anchorage, AK 10,000 AK3351ZZ Chamber of Commerce Building Anchorage, AK 3,859 AK3341ZZ Frontier Building Anchorage, AK 33,849 AK3244ZZ Courthouse Square Fairbanks, AK 4,108 Group 4 Buildings - GSA Region 10 Eastern Service Center (ESC) Border Stations: Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. ID0504ZZ US Border Station Hwy 95 Eastport , ID 9,255 ID0505ZZ Border Station II Hwy 95 Eastport , ID 1,310 ID0506ZZ Pump & Generator Building Eastport , ID 570 ID0507ZZ FDA Modular Hwy 95 Eastport , ID 1,200 ID0552ZZ Garage US Border Station Porthill, ID 505 ID0560ZZ New Border Station Porthill, ID 4,245 WA0124ZZ Oroville Border Station Oroville , WA 40,325 Joint US/Canada WA0130ZZ Oroville Border Station Oroville, WA 24,024 Customs Truck Building WA0134ZZ Oroville Border Station Oroville , WA 3,999 APHIS Building WA0550ZZ Border Station Danville, WA 4,368 WA0551ZZ Border Station & Quarters Curlew, WA 2,955 WA0552ZZ Garage @ Border Station Curlew, WA 450 WA0553ZZ Storage @ Border Station Curlew, WA 300 WA0601ZZ Border Station Laurier, WA 4,938 WA0602ZZ Residence Immigration Laurier, WA 2,390 WA0603ZZ residence Customs Laurier, WA 2,390 WA0611ZZ Border Station Metaline Falls, WA 4,550 WA0612ZZ Residence Immigration Metaline Falls, WA 1,280 Group 5 Buildings - GSA Region 10 Childcare Centers: Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. OR0033ZZ 911 NE 11th Ave Portland , OR 7,335 OR6485ZZ 333 SW Third Ave Portland, OR 9,275 WA0123ZZ 520 15th St. SW Auburn, WA 7,772 WA7321ZZ 1200 Sixth Ave Seattle, WA 4,046 WA0954ZZ 4735 E Marginal Way Seattle, WA 5,515 WA7595ZZ 1602 Raymond Ave SW Renton, WA 5,595 WA7584ZZ 1000 Second Ave Seattle, WA 12,619 Group 6 Buildings - GSA Region 10 Northern Service Center (NSC) Border Stations: Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. AK0521ZZ Mile 42 Haines Hwy Haines, AK 8,822 Border Station AK0522ZZ Mile 42 Haines Hwy Residence 1 Haines, AK 1,940 AK0523ZZ Mile 42 Haines Hwy Residence 2 Haines, AK 1,940 AK0524ZZ Mile 42 Haines Hwy Residence 3 Haines, AK 1,940 AK0525ZZ Mile 42 Haines Hwy Res. Storage Haines, AK 300 AK0526ZZ Border Station Klondike Hwy Skagway, AK 6,565 AK0036ZZ Recreation Building, AK Highway AlCan B S 1,270 AK0037ZZ Pole Building, AK Highway AlCan B S 894 AK0506ZZ Station Building, AK Highway AlCan B S 7,010 AK0507ZZ Service Building, AK Highway AlCan B S 17,150 AK0508ZZ Quarters Building, AK Highway AlCan B S 10,930 AK0513ZZ Quarters Building, AK Highway AlCan B S 11,502 AK0038ZZ Pokey Creek Border Station Boundary, AK 4,570 Group 7 Building - Option 1 - Kilkenny US Courthouse - Pendleton, OR: Contact Name: To be given at time of award Building No. Address/Name City, State Area in Sq. Ft. OR0022ZZ 104 SW Dorian Ave Pendleton, OR 5,315 1.0 INSTRUCTIONS 1.1 GSA will be accepting quotes for Fire Safety Surveys at various locations in Oregon, Idaho, Alaska & Washington State. The period for government acceptance of the quote is 60 days following the RFP due date. 1.2 These services are being procured as a competitive open market negotiated Request for Quote (RFQ), using source selection procedures, as authorized by parts 12 and 13 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at: http://www.arnet.gov/far and http://www.arnet.gov/GSAM/gsam.html. This solicitation will result in the award of a best value, fixed price purchase order. One or more, but not necessarily all, of the evaluation procedures in FAR Part 15 may be used in accordance with FAR 13.106-2(b). 1.3 The Government reserves the right to award single or multiple awards to the offeror(s) providing the best overall value for each specific facility in accordance with FAR 52.216.27. This combined synopsis/solicitation does not commit the Government to award a contract or to pay any costs incurred in proposal preparation. 1.4 GSA's objective is to select the quote that offers the Best Value. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. It is advised that firms submit an offer that represents the firm's best terms from a price and technical standpoint since the Government intends to award this contract to the offeror possessing the overall "best value" to the government utilizing the lowest price technically acceptable source selection process (FAR 15.101). The technical evaluation factors are (1) Technical Capability, (2) Qualifications Of Key Personnel, and (4) Price. (FAR 15.304). 1.5 The government will evaluate the quality and extent of the offeror's experience relevant to the requirements of this RFQ. The government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition. 1.6 Technical Information will be evaluated separately from the price quotes by a technical team and should be clearly labeled as the "Technical Information". Price shall not be discussed in the technical information document. 1.7 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each proposal should be complete and concise but not overly elaborate. 1.8 The Government may make a final determination as to whether the offeror's proposal is acceptable or unacceptable solely on the basis of the initial proposal as submitted. Accordingly, offerors are advised to submit initial proposals that are fully and clearly acceptable without additional information. Offers which do not present sufficient information to permit a complete technical evaluation by the Government may be determined to be technically unacceptable. 1.9 Per FAR Part 52.204-7 System For Award Management (July 2013), (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. 2.0 STATEMENT OF WORK General Services Administration Public Buildings Service - Northwest/Arctic Region 10 Design and Construction Division (10PC) Regional Office, Auburn WA STATEMENT OF WORK: Fire and Safety Surveys for Various Locations Throughout Region 10 Contractor shall provide and conduct firesafety surveys of leased buildings and provide a written report with: - Cover sheet - Narrative of the building - Fill out a Fire Safety Survey Worksheet - Fill out a NFPA 101A Worksheet 8.6.1 of the NFPA 101A 2010 edition - Provide a one page (8 1/2" X 11" sheet) sketch of the building with all exits, stairwells, elevators and shafts identified as applicable. Provide all findings and recommendations within the body of the report as shown on the attached sheet for ease of entering into the IRIS Safety program by GSA. The RAC information will be provided by the GSA Regional Fire Protection Engineer. A copy of the Firesafety Worksheet, NFPA 101A Worksheet 8.6.1 and the GSA Form will be provided for the contractor to copy and use for all reports. A copy of a previous Safety and Environmental Survey Report is attached as an example of a report. The environmental portion will not be required as part of this survey and report. A contact person from the GSA Service Center will be provided in order to obtain the name and phone number of the lessor to arrange for a survey and a name and phone number of the agency contact so they will not be surprised when the contractor arrives at the building to conduct the survey. Contractor shall request assistance from the lessor to gain access to space as needed to provide the information for the Firesafety Survey worksheet. The space is a lease, so the primary concern is the ability of the agency personnel and the public visiting the agency can egress from the space and the building. Final reports are to be forwarded to the GSA Regional Fire Protection Engineer within 2 weeks at the completion of the trip to conduct the surveys. 3.0 PRICE INFORMATION REQUIREMENTS 3.1 Offeror shall submit pricing on the attached SF Form 18, Schedule Of Prices and Bid Sheets. The contents of the price proposal shall include a breakdown of lump sum prices per group which shows the total level of effort for each building with all associated costs shown separately to include estimated hours, hourly labor rates and calculations for project management, etc. Travel costs shall be reflected separately from other costs and shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location. NOTE: Price information should be submitted as a PDF separate from the Technical information. 4.0 TECHNICAL INFORMATION REQUIREMENT 4.1 TECHNICAL PROPOSAL PDF DOCUMENT ONE REQUIREMENTS (Please do not send multiple PDF documents; scan into one document): - Cover Letter (No more than 1 page) - Technical Information (Factor 1 - Pricing shall not be mentioned) (No more than 6 pages) - Resumes of Key Personnel (Factor 2 - No more than 2 pages each) - Past Experience Information Sheets (Factor 3 - Use provided attachment template) 4.2 Evaluation Factors: Factor 1 - Technical Information Letter (No more than 6 pages) - Technical information must include information that demonstrates the firm's understanding of the requirements, technical approach, and the capability of the firm to perform the work described in the scope of work for this project within the stated period of performance. Each quotor shall submit a technical letter of no more than 6 pages that describes their proposed strategy, addresses the rationale and other resources that will be committed, and illustrates the interaction with the project team and property management team for this effort. The page limit for this technical information letter is no more than six (6) pages, one sided, 8 - x 11, 10 pitch. Factor 2 - Qualifications Of Key Personnel (No more than 2 pages each) - Any individual(s) proposed for performing the Fire Safety Surveys shall be a Registered Fire Protection Engineer with a minimum of 10 years experience, or a minimum of 10 years experience in the 804 series within the Federal Government. Offeror is required to submit certificates, resumes, and show documentation of past experience. - The quotor shall identify key personnel, explain the roles and responsibilities, and provide resumes exhibiting the qualifications and experience of each key person. Resumes shall document 10 years of experience within the last 10 years. Please include information on certifications, education, training and longevity with the firm. Factor 3 - Relevant Past Experience (Submit three using the attached template) - Each quotor shall provide a list of three similar and relevant projects completed within the last three (3) years using Attachment 1, Information On Similar Projects Template provided by the GSA. GSA defines similar projects as start-up and programming of systems similar in characteristics (estimated price, size, complexity, multiple locations, multiple-floor buildings, security levels, etc.) The greater the relevance of projects submitted the higher the rating. 5.0 BEST VALUE DETERMINATION/BASIS FOR AWARD 5.1 The Government intends to award one to six Purchase Order(s) to the responsible offeror(s) whose proposal constitutes the most advantageous approach to meeting the services outlined in the Scope of Work. Award will be made based on a best value basis utilizing the Lowest Price Technically Acceptable source selection method in accordance with FAR 15.101-2 and will consider qualifications of key personnel and other technical factors as described below. 5.2 Upon receipt of proposals, the Contract Specialist will review quotes for responsiveness. The Technical Evaluation Team will individually evaluate all quotes for technical quality and will score each factor as either Technically Acceptable or Unacceptable (Go or No Go). 5.3 The contract will be awarded to the offer representing the best value to the government. The government will compare the technical information and the prices to determine the most advantageous combination for each portion or geographic location. The Government may reject any offer that is unrealistic in terms of program commitments, contract terms and conditions, or any offer that reflects an inherent lack of competence or fails to comprehend the complexity and risks of the program. An offer that is unrealistically high or low in price when compared to Government estimates may also be rejected. 5.4 EVALUATION FACTORS - The following evaluations factors will be used for award. All evaluation factors other than price, when combined, are equal to price. - Evaluation Factors Rating Value: o Factor 1 - Technical Information (30%) o Factor 2 - Qualifications Of Key Personnel (40%) o Factor 3 - Experience On Similar Projects (30%) - Evaluation Factor 1 - Technical Information (30%) o The evaluation will consist of assessing the Offeror's technical approach to accomplish the requirements described in the SOW. The Government will evaluate the Offeror's capacity to meet the requirements of the contract. The Offeror must demonstrate a clear understanding of the nature and the scope of the work required. Failure to provide realistic, reasonable and complete information may reflect a lack of understanding of the requirements and may result in a determination that the vendor is technically unacceptable. The technical information letter will be evaluated so as to determine the appropriate level of effort, expertise and experience provided. This factor will be evaluated to assess the risk of successful performance based on the quality of the offeror's technical knowledge of control systems that either meets or exceeds the government's requirements as defined in the performance work statement. - Evaluation Factor 2 - Qualifications of Key Personnel (40%) o The evaluation will consist of assessing the qualifications of key personnel proposed in order to determine their ability to deliver the services as defined in the Statement Of Work. The Fire Protection Engineer is defined by the Government as key personnel. The experience demonstrated by such personnel will be evaluated for relevancy and appropriateness to the contract. - Evaluation Factor 3 - Experience On Similar Projects (30%) o The Technical Evaluation Team will analyze the risk and confidence level illustrated by the experience on similar projects in which the company has performed within the past three years. 6.0 COMMUNICATIONS AND REVISIONS 6.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision. 6.2 The Government intends to award based on initial offers; however, the Government reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their Final Price Revision (FPR) for evaluation. Final selection and award will be made by the Contracting Officer to that offeror that provides the best value to the Government. 7.0 TERMS AND CONDITIONS 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) (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.] ___ (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). __ X _ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 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). __ X (6) 52.209-6, Protecting the Government' 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 Public Law 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 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. ___ (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 (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). ___ X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). ___ X _(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ X _ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). __ X _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ X _ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (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. ___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). __ X (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 (Nov 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, Pub. L. 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 (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)). ___ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ X _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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...