Hoods and Ducts Service

(i) 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. (ii) Solicitation Number: F1W3EB2123A001, this solicitation is issued as a request for proposals. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-58 dated 18 May 2012. (iv) This is a Total Small Business Set-Aside; NAICS: 561790: Duct Cleaning Services; Small Business size standard: $7 Million. (v) Contract Line Item Number (CLIN) structure will be as follows: Price per unit Est Qty Total Base Yr 0001 Monthly Hood Cleaning JBER -E 21 Locations x 12 months 252 EA 0002 Quarterly Hood Cleaning JBER -E 15 locations x 4 quarters 60 EA 0003 Semi- Annual hood Cleaning JBER -E 19 locations x 2 38 EA 0004 Annual Hood Cleaning JBER -E 12 EA 0005 Special Maintenance Projects XXX 1 LS NTE 0006 Parts and Materials XXX 1 LS NTE Opt 1 1001 Monthly Hood Cleaning JBER -E 21 Locations x 12 months 252 EA 1002 Quarterly Hood Cleaning JBER -E 15 locations x 4 quarters 60 EA 1003 Semi- Annual hood Cleaning JBER -E 19 locations x 2 38 EA 1004 Annual Hood Cleaning JBER -E 12 EA 1005 Special Maintenance Projects XXX 1 LS NTE 1006 Parts and Materials XXX 1 LS NTE Opt 2 2001 Monthly Hood Cleaning JBER -E 21 Locations x 12 months 252 EA 2002 Quarterly Hood Cleaning JBER -E 15 locations x 4 quarters 60 EA 2003 Semi- Annual hood Cleaning JBER -E 19 locations x 2 38 EA 2003 Annual Hood Cleaning 12 EA 2005 Special Maintenance Projects XXX 1 LS NTE 2006 Parts and Materials XXX 1 LS NTE Opt 3 3001 Monthly Hood Cleaning JBER -E 21 Locations x 12 months 252 EA 3002 Quarterly Hood Cleaning JBER -E 15 locations x 4 quarters 60 EA 3003 Semi- Annual hood Cleaning JBER -E 19 locations x 2 38 EA 3004 Annual Hood Cleaning 12 EA 3005 Special Maintenance Projects XXX 1 LS NTE 3006 Parts and Materials XXX 1 LS NTE Opt 4 4001 Monthly Hood Cleaning JBER -E 21 Locations x 12 months 252 EA 4002 Quarterly Hood Cleaning JBER -E 15 locations x 4 quarters 60 EA 4003 Semi- Annual hood Cleaning JBER -E 19 locations x 2 38 EA 4004 Annual Hood Cleaning JBER -E 12 EA 4005 Special Maintenance Projects XXX 1 LS NTE 4006 Parts and Materials XXX 1 LS NTE (vi) Hoods and Duct service/maintenance for Joint Base Elmendorf Richardson (JBER) IAW the attached PWS. (vii) Period of Performance (PoP) is a base year with four (4) 1-year options. Estimated base year dates are 1 October 2012- 30 September 2013. FOB JBER AK. (viii) Provision at FAR 52.212-1, (FEB 2012) Instructions to Offerors -- Commercial, applies to this acquisition and is in reference along with the following addendum: FAR 52.212-1 - ADDENDUM Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers." 1. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I - Price Proposal, Part II -Technical Proposal, - Price and Technical proposals shall not exceed twenty-five (25) double-sided pages combined; CLIN structure above shall not be included in the page count of proposals. Font size shall not be smaller than Times New Roman, 11pt. 2. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness. 3. Specific Instructions a. PART I- PRICE PROPOSAL - Submit original and one (1) copy (1) Complete pricing for CLINs in the CLIN structure above in paragraph v. In doing so, the offeror accedes to the contract terms and conditions as written in the combined synopsis/solicitation, with attachments. (2) Insert proposed unit and extended prices in the CLIN structure. The extended amount must equal the unit price multiplied by the number of units. The proposal(s) must be submitted for a base period plus four (4) option years. Failure to complete the price list will be seen as non-compliant with this synopsis/solicitation. b. PART II - TECHNICAL CAPIBILITIES - Submit original and one (1) copy of technical analysis, the company has the experience and capability to perform the requirement per the PWS. (1) Technical proposals should be specific and complete. Legibility, clarity and coherence are very important. By your proposal submission you are representing that you firm will perform all the requirements specified in the RFP which can be shown by the following examples, this list is not inclusive, just suggestions: (a) Past Experience- Samples of contracts or contract numbers with a point of contact for the customer (b) CPARS (c) Questionnaires (provided by the contractor) to customers (Similar to a Past Performance Questionnaire) 4. General Information a. Information regarding submission of proposal: Hand carried or mailed proposals must be in a sealed envelope or package and include on the outside of the package the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Proposals may be mailed or hand carried to: 673rd Contracting Squadron/LGCB Attn: Lucian Reaves 10480 22nd Street Suite 368 JBER, AK 99506-2501 b. Offerors are cautioned that JBER has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the proposal drop off point PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers." c. Offerors can also summit electronic copies of proposals. Files are not to exceed 4 MB. By summiting an electronic copy, offerors take the risk of proposals not getting through Government security measures and firewalls. Only files created using Microsoft Word, Microsoft Excel, and/or Adobe .pdf files will be accepted. No zip files will be accepted. If choosing to submit offers electronically, email the file(s) by the solicitation close date and time to the following email addresses: Lucian.reaves@us.af.mil.. d. Offers submitted in response to this solicitation must be fully responsive to and consistent with the following: (1) Requirements of the solicitation (item numbers), Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS. (2) Evaluation factors for award. (ix) FAR Provision 52.212-2, Evaluation -- Commercial Items, 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 will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers: (1) PRICE (2) TECHNICAL (b) Options. The government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. ADDENDUM TO FAR 52.212-2 BASIS FOR CONTRACT AWARD: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) in accordance with FAR 15.101-2, as supplemented. Technical Tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the Federal Acquisition Regulations and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications and all other information required in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this synopsis/solicitation The Government reserves the right to award without discussions. Therefore, each initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the contracting Officer. The evaluation process shall proceed as follows: 1. Price Evaluation. The government shall rank all proposals according to price, including option prices. An offeror's proposed prices will be determined by multiplying the quantities identified in the CLIN structure above by the unit price for each item to confirm the extended amount for each. Copies of the CLIN structure pricing will be necessary in order to submit a proposal for each Option Year. NOTE: Extension of services option. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year, as described below: (1) Estimated total amount of all options specified in the schedule under the authority of contract clause, FAR 52.217-9 "Option to Extend the Term of the Contract" will be added to the basic year requirement. (2) Estimated total amount of "Extended Service" option specified in the schedule under the authority of contract clause, FAR 52.217-8 "Option to Extend Services" will be calculated by the Government on the basis of potential maximum 6-month extension by use of the following formula. a. Applicable Contract Period for Extended Services (6 Month Max) 6- Month Total Amount Calculation Formula (Evaluation Purpose) Base Year Total Amount= (CLIN Unit Price) x 0.5* Option Year 1 (CLIN Unit Price) x 0.5* Option Year 2 (CLIN Unit Price) x 0.5* Option Year 3 (CLIN Unit Price) x 0.5* Option Year 4 (CLIN Unit Price) x 0.5* Note* 0.5 is the multiplicative factor used to derive the 6-months quantity value (3) Then, the total amount figured at para (b)(2) will be added to the total amount calculated in para. (a)(1). The total amount of all options are for evaluation purpose only, since actual exercise of option year is contingent, and extension of 6-month is a maximum period granted under FAR 52.217-8 and actual period of extension is unknown until the extension becomes necessary. (4) Evaluation of options to be performed in accordance with this clause, will not obligate the Government to exercise the option(s). (5) If exercised, this extension of services option will be priced at the prior base or option year performed price with the only adjustment allowed being those changes to the applicable Department of Labor wage determination and/or Collective Bargaining Agreement on contract at the time the option is exercised. 2. Technical Evaluation - Submit original and one (1) copy of technical analysis the company has the experience and capability to perform the requirement per the PWS. Initially, the government technical evaluation team shall evaluate the technical proposals on a pass/fail basis. (x) In order to be considered for an award, an offeror must include with its proposal a copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2012) with Alternate I (APR 2011) OR have completed the online electronic Representations and Certifications (ORCA) located at http://orca.bpn.gov/ in accordance with FAR 4.1201(a). Department of Defense Federal Acquisition Regulation (DFARS) provision 252.212-7000, Offeror Representations and Certifications-Commercial Items (JUN 2005) must be completed and submitted with the offeror's proposal. NOTE: Potential contractors must also be registered in the Central Contractor Registry (CCR) at http://www.ccr.gov. (xi) FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (Feb 2012), applies to this acquisition. (xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial items applies to this acquisition. All checked clauses within FAR 52.212-5 apply to this acquisition. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (May 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _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 (Jun 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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __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 (Jan 2012) (41 U.S.C. 2313). _X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, 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] _X__ (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). _X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (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). __X_ (34) 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.) ___ (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. __X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Mar 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (May 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)). __X__ (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: __X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __X__ (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.). 23370 General Maintenance Worker WG-8 $26.21 __X__ (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 (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. (xiii) The following clause and provisions also apply to this acquisition. FAR 52.209-7 Information Regarding Responsibility Matters FEB 2012 FAR 52.232-18 Availability Of Funds APR 1984 DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009 DFARS 252.232-7010 Levies on Contract Payments DEC 2006 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)*** The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before expiration of the contract or any exercised option period. ***NOTE: (note will be removed upon award) If exercised, the extension of services option will be exercised by using the last exercised option year prices with the only acceptable adjustment being one caused by a wage determination or collective bargaining agreement change. The extension of services option will be made part of the evaluation as described in FAR 52.212-2 addendum above. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months. DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. (May 2012) (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. __X__ 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 (SEP 2011) (Section 847 of Pub. L. 110-181). (2) _____252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) __ __ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (SEP 2011) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b). (8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b). (9) __X__ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). (12) _____252.225-7017, Photovoltaic Devices (MAY 2012) (Section 846 of Pub. L. 111-383). (13)(i) ____ 252.225-7021, Trade Agreements (MAY 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021. (iii) ____Alternate II (OCT 2011) of 252.225-7021. (14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program (MAY 2012) (41 U.S.C. chapter 83 and ...