Components for HC144A

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This Request for Quote (HSCG38-11-Q-011060) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-52. This is an unrestricted procurement. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. The award will be in accordance with FAR 6.302-1. The U. S. Coast Guard intends to negotiate and award a firm fixed-price contract or multiple contracts to the Aircraft Original Equipment Manufacturer (OEM): EADS/North America, Inc., 1616 Fort Myer Dr., Arlington, VA or item OEM's or distributors that can provide traceability. Traceability means that the awardees must be able to show clear, documented, auditable paper trail for ownership and transfer of each part from the OEM to the final vendor. The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.5. The government reserves the right to make multiple awards for any item or group of items contained in this solicitation. Offers submitted for quantities less than those specified in each CLIN will not be considered. Anticipated award date is 10 October 2011. All responsible sources may submit a capability statement and quotation which shall be considered by the agency. Only new items are acceptable; reconditioned/used materials are not acceptable. This requirement is to purchase spares to be used on the HC144A aircraft. ****SEE THE ATTACHED QUOTE WORKSHEET FOR ITEMS 1-27 ALSO SPECIFY DELIVERY LEADTIME AND FOB POINT*** Offerors should use the attached Quote Worksheet or in separate correspondence indicate nomenclature, NSN, part number, unit price, and extended price and delivery time. Quotes shall indicate FOB point, any discounts for prompt payment, business size standards and minority classification. The Contractor(s) must provide traceability to the OEM. No substitutions of firmware or software versions shall be authorized. The U.S. Coast Guard does not own, nor can it provide specifications, plans, drawings or other technical data. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Proposals offering F.O.B. Origin shall include estimating shipping charges to the government for your proposal to be considered for award. Manufacturer (MFG) Code: 0DAF1-EADS CASA North America Inc. 1616 Fort Myer Dr., Arlington, VA, phone 251-338-0817 NSN 1730-01-HS2-4012, P/N 35-13661-0009A03-MTA, 3 EA, COVER ASSY NSN 1560-01-HS2-4021, P/N 35-15006-0005-01, 1 EA, FLAP ASSY INNER NSN 1560-01-HS2-4067, P/N 35-51203-0007A03, 3 EA, HALF FAIRING NSN 9330-33-001-6676, P/N 35-22012-0301, 16 EA, RETAINER NSN 5310-33-001-1106, P/N 35-47100-0501, 20 EA, WASHER NSN 5306-33-005-1494, P/N 35-21365-0801, 2 EA, BOLT NSN 5305-33-005-2624, P/N 35-11310-0103, 3 EA, BOLT NSN 5310-33-000-9605, P/N 35-11000-0201, 2 EA, WASHER NSN 1560-01-HS2-4016, P/N 95-23374-0401, 2 EA, SHIM NSN 5310-01-HS2-4015, P/N 35-21350-2101, 2 EA, WASHER NSN 5305-33-201-2042, P/N 35-21365-1401, 2 EA, AXIS NSN 1560-33-000-9712, P/N 35-14003-0002, 3 EA, AILERON ASSY NSN 1560-01-HS2-4109, P/N 35-31281-0001A07, 3 EA, COVER ASSY NSN 1730-01-HS2-4013, P/N 35-13661-00010A04-MTA, 3 EA, COVER MFG: 0117B- EADS Construcciones Aeronauticas SA, Av De Aragon 404, Madrid Spain, phone 915855500 NSN 1560-33-203-8690, P/N 35-15501-0006B04, 2 EA, OTR FLAP NSN 1560-33-203-8691, P/N 35-15501-0005, 2 EA, OTR FLAP NSN 1680-01-HS1-9542, P/N 35-65338-0013, 1 EA, DC POWER GEN UNIT MFG: A1341-Geven Spa, Via Boscofangone Zona Industriale Nola-Marigliano, Nola Napoli, Italy, phone 00390813121311 NSN 1680-01-HS2-3954, P/N CAS070205B, 4 EA, SELECTOR MFG: 80205- National Aerospace Standards, 1000 Wilson Blvd, Arlington, VA, phone 703-358-1052 NSN 5305-01-373-3844, P/N NAS1134-6, 200 EA, SCREW NSN 5305-00-431-7258, P/N NAS1153-7D, 4 EA, SCREW NSN 5305-00-845-7030, P/N NAS1153-4D, 12 EA, SCREW MFG: 76005- Lord Corporation, 1635 W 12th St., Erie, PA, phone 814-868-5424 NSN 5310-01-526-0529, P/N J3937-5, 12 EA, NUT PLAIN HEX NSN 5305-01-526-0535, P/N LM-320-32, 48 EA, BOLT NSN 5310-01-341-8018, P/N J3937-59, 8 EA, NUT PLAIN HEXAGON MFG: 8E351- Aaxico Sales, 8881 NW Terrace, Miami, FL, phone 305-592-4633 NSN 5331-01-497-9301, P/N S2L-115, 8 EA, PACKING PREFORMED MFG: K2962-Senior UK LTD Senior Aerospace BWT Div.,, Adlington Industrial Estate, Adlington Macclesfield, Cheshire Great Britian, phone 01625 870700 NSN 4720-01-HS2-4111, P/N X2292-S5G15F-15-128.0, 4 EA, HOSE MFG: K9075-IPECO Holdings Limited, Aviation Way, Southend-on-Sea, Essex, Great Britian, phone 01702 547683 NSN 1680-01-HS2-1107, P/N A3F136-01-001, 3 EA, DOUBLE SEAT FWD FAC PACKING SLIP At the time of each delivery of supplies under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Contract Number, 5) Line Item Number and 6) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container. The contractor shall provide a Certificate of Conformance (COC) which shall be attached to each item and a second copy shall be included with each packing slip. The Certificate of Conformance must be in accordance with the format specified at Federal Acquisition Regulation (FAR) clause 52.246-15. Contractor must provide with the packing slip, the necessary certifications including traceability to the OEM to ensure parts are in airworthy condition and suitable for installation on the HC-144A U.S. Coast Guard aircraft. PACKAGING, MARKING AND PRESERVATION The contractor shall comply with ASTM D 3951-98, Commercial Packaging, Shipping and Storage Procedures (Reapproved 2004). Each individual container shall be labeled on the outside with the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Contract Number and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Bar coding is not required. The internal packaging material shall be sufficient to prevent corrosion, deterioration or decay during warehouse storage with temperature ranging from 95 to 40 degrees Fahrenheit and high humidity for a period not less than one year. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory. SHIPPING INSTRUCTIONS Items shall be shipped to the following address: U.S. Coast Guard Aviation Logistics Center (ALC) Receiving Section, Building 63 Elizabeth City, NC 27909 MARK FOR CONTRACT NO. (to be provided at time of award) REFERENCE ITEM NO. (will be specified in the award) DELIVERY SCHEDULE The Government desires delivery no greater than 60 days from date of contract award. EARLY DELIVERIES The contractor is requested to ship items completed prior to the required delivery date, if no additional charges occur to the government. The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply to this request for quotation and are incorporated by reference: 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 http://acquisition.gov/far/index.html. 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 Internet address: http://acquisition.gov/far/index.html. 52.209-7 Information Regarding Responsibility Matters (Jan 2011) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (End of provision) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of clause) Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2): (2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011. 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008) 52.212-2 Evaluation-Commercial Items (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Capability Past Performance Delivery Price Technical, past performance and delivery factors when combined are more important than price. While price is an important part of the integrated selection decision, the non-price factors are significantly more important than the price factor. Technical capability will be evaluated by confirming traceability of each item to the Original Equipment Manufacturer (OEM). Past performance will be evaluated assessing contractor's historical contract performance vis--vis its certifications and representations to do business with the Federal Government. Delivery of product or services will be evaluated on the basis of the contractor's ability to timely meet mission requirements. 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. Further, as prescribed by FAR 25.1103(e), Other Provisions and Clauses, FAR Clause 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (SEP 2010), shall be inserted to contractor's representations and certifications. 52.212-4 Contract Terms and Conditions -- Commercial Items (JUN 2010) ADDENDUM The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply: 52.204-4 Printed or copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-A1. 52.225-8 Duty Free Entry (OCT 2010) 52.242-13 Bankruptcy (JULY 1995) 52.246-2 Inspection of Supplies - Fixed Price (Aug 1996) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-45 F.O.B. Origin and/or F.O.B. Destination Evaluation (APR 1984). 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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.) X (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). X (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). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). X (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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). __ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (9) 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). __ (10) [Reserved] __ (11)(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. __ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. X (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (14)(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. __ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (16) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (17)(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. __ (18) 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). __ (19) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). X (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). X (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). __ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (32) 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.) __ (33)(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.) __ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (35)(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. X (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513). X (37) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (38)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 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. __ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (40) 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). __ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (43) 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)). __ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (49)(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 (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) 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 (Dec 2010). 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...