FM Broadcast Equipment and Accessories

Document Type: Combined Synopsis/Solicitation Solicitation Number: W5K9FH-10-R-0109 Posted Date: 15 SEP 10 Response Deadline: 23 SEP 10 12 PM Local Afghanistan Time Description: FM Broadcast Equipment and Accessories THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR SUPPLIES 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. THE SOLICITATION NUMBER IS W5K9FH-10-R-109. THIS COMBINED SYNOPSIS CONSTITUTES A SOLICITATION AND INCORPORATES PROVISIONS AND CLAUSES IN EFFECT THROUGH FEDERAL ACQUISITION CIRCULAR 2007. THIS ACQUISITION IS UNRESTRICTED. THE NAICS IS 443112. THE CONTRACT TYPE WILL BE A FIRM FIXED PRICE PURCHASE ORDER. THE GOVERNMENT PROPOSES TO SOLICIT FROM THE ITEM DESCRIPTION LISTED BELOW. PLEASE E-MAIL QUOTES TO David O'Hearn contact@example.gov THIS PURCHASE WILL BE BASED ON THE FOLLOWING CRITERIA: LOWEST PRICE TECHNICALLY ACCEPTABLE. Instructions to Offeror's Offers submitted in response to this RFQ shall contain the following information: (a) RFQ number; (b) time specified for receipt of offers, (c) Offeror's contact information (Concern's name, address, telephone number); (d) terms of any express warranty; (e) any discount terms; and, (f) acknowledgement of all solicitation amendments (if applicable); (g) Completed price schedule. Offeror's shall include a statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation. Period of Acceptance: Responsive offeror's agree (by submitting) to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is stated in an addendum to the solicitation. Late offers: Proposals received at the address specified for the receipt of offers after the exact time specified for receipt of offers will not be accepted. Evaluation/Award: Provision at 52.212-2-Evaluation, Commercial Items applies to this acquisition. (a) Award (offer) will be made in accordance with simplified acquisition procedures established in FAR 13.106-2, to the responsible entity whose evaluated offer or quote represents the lowest price technically acceptable. Price will be evaluated based on the "total evaluated price"; all prices will be compiled for the total evaluated price. (c) The government intends to make award (offer) to the responsive firm without discussions; prospective offeror's are advised to submit their firm's best offer prior to proposal (quote) closing date; however, this does not preclude the government from conducting discussions if it is in the best interest of the government to do so. (d) Multiple Awards: The Government reserves the right to award to multiple vendors if deemed necessary in fulfilling the requirement in the timeline listed. Technical acceptability will be based on your ability to deliver the supplies listed in the price list and the salient characteristics or any attachment of this solicitation within 45 days or less. Failure to be able to meet this standard will cause your quote to be considered as technically unacceptable. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 10 Each 300W, 110VAC, FM stereo broadcast system FFP Ramsey Electronics RIAB system "Or approved Equal" Ramsey PN: PXB30010D93S FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 10 Each 12 month warranty FFP Parts and labor for FM Broadcast system as identified in CLIN 1 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 10 Each LMR400 series low loss cable FFP Type-NM/UHFM connectors, preassembled and tested, 200' FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 10 Each LMR400 series low loss cable FFP Type-NM/UHFM connectors, preassembled and tested, 300' FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Each LMR400 series low loss cable FFP bulk spool, 1000 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 20 Each Type-N male connector FFP connector for LMR400 series cable, crimp shield and tip FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 20 Each PL259/UHF male connector FFP connector for LMR400 series cable, crimp shield and solder tip FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 2 Each Coaxial cable crimper FFP for LMR and other coaxial cable .100-.429" FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 2 Each Maintenance tool kit FFP Comprable to Ramsey PN: 902124 includes over 50 maintenance and soldering tools in a durable attach style case FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0010 10 Each NEMA 15 male power plug FFP heavy duty, 110VAC/15A FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0011 30 Each Portable digital stereo recorder FFP 2GB SD, USB2.0 Ramsey PN:DR08 "Or approved Equal" FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0012 30 Each Wind screen kit FFP Wind screen kit for DRO8 portable digital recorder FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0013 30 Each External power supply for DR08 FFP External power supply for DR08 and other USB powered devices. Input 110-240VAC, output 5VDC 750mA USB-A connector FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0014 2 Each Laptop USB Condensor Microphone FFP Portable laptop USB condenser microphone. Direct USB interface with a laptop for high quality audio recording. Include USB cable, clip, stand adapter, and zipper carrying case FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0015 20 Each FM broadcast antenna FFP 300 watt 5/8 wave 3.4dB gain omnidirectional field tunable FM broadcast antenna, 88-110MHz FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0016 25 Each Dynamic mic windscreens. FFP FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0017 30 Each Microphone audio adapter cable FFP Microphone audio adapter cable, accepts standard low impedance dynamic type mic with XLR male plug and matches it via internal transformer to 3.5mm audio input for laptops, etc. 18" cable30 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0018 1 Lump Sum Shipping FFP FOB: Destination NET AMT ? "Or Equal" Salient Characteristics For CLIN 0001: FM stereo broadcast system - 300W RIAB, 10RU, mil-spec heavy duty shock case, 110VAC/60Hz - 300W FM stereo transmitter - 2ea CD/MP3/SD/USB players - 2ea SD/USB digital media players - 8-Channel pro mixer - 110VAC/60Hz power conditioner - 3.4dB gain omnidirectional antenna - 100 LMR400 series low loss coax cable - 2ea hand held dynamic microphones, cables and mic clips - 2ea heavy duty microphone desk stands - 2ea stereo headphones packs with " and 3.5mm plugs - 2ea 3.5mm laptop stereo audio cable For CLIN 0011: Portable digital stereo recorder - Dual built-in condenser mics - Records to SD/SDHC cards - Creates MP3 files up to 320kbps or 16/24 bit WAV files - 2GB SD card - Variable speed playback without changing pitch - Built-in foldable stand - USB connection to transfer files to a laptop - Runs on batteries INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government N/A Government 0002 Destination Government N/A Government 0003 Destination Government N/A Government 0004 Destination Government N/A Government 0005 Destination Government N/A Government 0006 Destination Government N/A Government 0007 Destination Government N/A Government 0008 Destination Government N/A Government 0009 Destination Government N/A Government 0010 Destination Government N/A Government 0011 Destination Government N/A Government 0012 Destination Government N/A Government 0013 Destination Government N/A Government 0014 Destination Government N/A Government 0015 Destination Government N/A Government 0016 Destination Government N/A Government 0017 Destination Government N/A Government 0018 Destination Government N/A Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 45 dys. ADC 10 I MHG (FWD) I MHG FWD CAMP LEATHERNECK, AFGHANISTAN FPO AE 09510-3390 SGT JEFFREY COLON +1 (555) 000-0000 FOB: Destination M95100 0002 45 dys. ADC 10 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0003 45 dys. ADC 10 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0004 45 dys. ADC 10 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0005 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0006 45 dys. ADC 20 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0007 45 dys. ADC 20 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0008 45 dys. ADC 2 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0009 45 dys. ADC 2 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0010 45 dys. ADC 10 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0011 45 dys. ADC 30 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0012 45 dys. ADC 30 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0013 45 dys. ADC 30 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0014 45 dys. ADC 2 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0015 45 dys. ADC 20 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0016 45 dys. ADC 25 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0017 45 dys. ADC 30 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 0018 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination M95100 CLAUSES INCORPORATED BY REFERENCE 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7010 Levies on Contract Payments DEC 2006 CLAUSES INCORPORATED BY FULL TEXT 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) (a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract in excess of the $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principles, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the in the Excluded Parties List System). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (End of clause) 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). ___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (8) [Reserved]. ___ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (10)(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. ___ (11) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (12)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2010) (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. ___ (13) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___ (14) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (15)(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. ___ (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f). ___ (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). ___ (20) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _X_ (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). ___ (22) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). ___ (23) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). ___ (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). ___ (25) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). ___ (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). ___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423) . ___ (ii) Alternate I (DEC 2007) of 52.223-16. . ___ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). ___ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (34) 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). ___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (41) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). ___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (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 U.S.C. 351, et seq.). ____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). ____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). ____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)). (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 (May 2004) (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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) Reserved. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from CAPT Rodney Lambert RCC Leatherneck FPO AE 09372 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision 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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X_252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ___ Alternate I (SEP 2008) (12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (JUL 2009) of 252.225-7036. (15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (21) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417). (23)(i) _X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-...