JCI BAS Network Connections to GSA WAN

General Services Administration Public Buildings Service - Northwest/Arctic Region 10 Design and Construction Division (10PC) Greater Puget Sound Service Center JCI BAS Network Connections to GSA WAN REQUEST FOR QUOTE RFQ #:10PMM-12-0176 Issue Date: 08/16/2012 Your firm is invited to submit a quote for the Border Stations BAS Network Connections to GSA WAN GSA requests that your firm provide technical information and a complete quote for this project for a period of performance not to exceed 60 calendar days following the effective date of the purchase order. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due on August 23, 2012 at 2:00 pm (Pacific Time Zone). (QUOTE DUE DATE HAS BEEN REVISED FROM AUGUST 23, 2012 TO AUGUST 24TH, 2012) Please email your quote and direct all inquiries to the following (Faxes will not be accepted): Amendment 001- This RFQ has been extended for an additional 2 days to give companies time to get certificates. RFQ due date is now: 08/24/2012. No longer time extensions will be considered at this time. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Contract Specialist: Jeanne Cassidy General Services Administration, Public Buildings Service Acquisition Solutions Branch (10PCQ) 400 - 15th Street SW Auburn, WA 98001-6599 Phone: 253-931-7134 EMAIL: jeanne.cassidy@gsa.gov ACQUISITION MILESTONES/SCHEDULE (Estimated) 08/16/2012 RFQ Issued 08/23/2012 Technical Information and Price Quote Due 08/28/2012 Review of quotes complete 08/31/2012 Contract Award 08/31/2012 Notice to Proceed TBD Post Award Meeting Checklist of items to submit: Cover letter SF18 Schedule of prices (Separate PDF Document) Table of Contents Technical Information Authorized Building Control Specialist: Certification and Documentation Qualifications (of key personnel) Certifications Resumes Experience Number of Years Experience Past Performance Surveys (complete w/contact information) TABLE OF CONTENTS SECTION CONTENT 1.0 INSTRUCTIONS 2.0 PRICE INFORMATION REQUIREMENTS 3.0 TECHNICAL INFORMATION REQUIREMENTS 4.0 BEST VALUE DETERMINATION 5.0 COMMUNICATION AND REVISIONS 6.0 SECURITY REQUIREMENTS 7.0 TERMS AND CONDITIONS (ATTACHMENTS ARE AVAILABLE UPON REQUEST) Attachment 1 Request for Quotation Attachment 2 SF Form 18, Schedule of Values Attachment 3 SOW JCI BAS Connections Attachment 4 Qualification Requirements Attachment 5 Past Performance Surveys 1.0 INSTRUCTIONS 1.1 GSA will be accepting technical information and quotes for the Network Connection of BAS to GSA WAN Project for the following locations: Kenneth G. Ward Border Station (WA0540YB) 9949 Guide Meridian Road, Lynden, WA. 98264 Sumas Land Port of Entry (WA0653SB) 101 Cherry Street, Sumas, WA. 98295 Point Roberts Land Port of Entry (WA0119PR) 50 Tyee Drive, Point Roberts, WA. 98281 Pacific Highway Land Port of Entry (WA0120BN) 9901 Pacific Highway, Blaine, WA. 98230 Border Patrol Sector Head Quarters (WA0066BP) 1590 H Street, Blaine, WA 98230 Federal Center South (WA0953KC) 4735 E. Marginal Way, Seattle WA 98134 Food & Drug Administration (WA0118ZZ) 22201 23rd Dr. SE, Bothell WA 98021 Fairbanks Federal Building, (AK0029ZZ) 101 12th Avenue, Fairbanks, AK 99701 Thomas S. Foley U.S. Courthouse (WA0064ZZ) 920 W. Riverside Ave., Spokane, WA 99201 911 Federal Building (OR0033PE) 911 NE 11th Ave., Portland, OR 97232 1.2 The period for government acceptance of the quote is 60 days following the RFQ due date. 1.3 These services are being procured as a competitive open market negotiated Request for Quote (RFQ), using source selection procedures, as authorized by parts 12 and 13 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at: http://www.arnet.gov/far and http://www.arnet.gov/GSAM/gsam.html. This solicitation will result in the award of a best value, fixed price purchase order. One or more, but not necessarily all, of the evaluation procedures in FAR Part 14 or 15 may be used in accordance with FAR 13.106-2(b). 1.4 The Government intends to award a single award to the offeror(s) providing the best overall value in accordance with FAR 52.216.27. This request for quote does not commit the Government to award a contract or to pay any costs incurred in technical information and quote preparation. 1.5 GSA's objective is to select the quote that offers the Best Value. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. It is advised that firms submit an offer that represents the firm's best terms from a price and technical standpoint since the Government intends to award this contract to the offeror possessing the overall "best value" to the government utilizing the lowest price technically acceptable source selection process (FAR 15.101). The technical evaluation factors are (1) Authorized Building Control Specialist certification, (2) Qualifications and Experience , (3) Past Performance and (4) Price. (FAR 15.304). 1.6 The government will evaluate the quality and extent of the offeror's experience relevant to the requirements of this RFQ. The government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition. 1.7 Technical Information will be evaluated separately from the price quotes by a technical team and should be clearly labeled as the "Technical Information". Price shall not be discussed in the technical information document. 1.8 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each proposal should be complete and concise but not overly elaborate. 2.0 PRICE INFORMATION REQUIREMENTS 2.1 Offeror shall submit pricing on the attached SF Form 18. The contents of the price proposal shall include a breakdown of lump sum prices which shows the total level of effort for each building with all associated travel costs shown separately. Travel costs shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location. NOTE: Price information should be submitted as a PDF separate from the Technical information. 3.0 TECHNICAL INFORMATION REQUIREMENT - 3.1 Evaluation Factor 1: Authorized Building Control Specialist: : Documentation that shows your company is an ABCS (Authorized Building Control Specialist) Partner with Johnson Controls Inc. Documentation - 3.2 Evaluation Factor 2: Qualifications and Experience. Technicians must provide documentation for the following items: Certificates from the following Johnson Controls courses of training: - a. Course 389 Metasys System Extended Architecture for Building Engineers - b. Course 391 Metasys System Extended Architecture Engineering and Setup - 3.2.2 Verification of (resume) at least 3 years experience working with Johnson Controls NAE's (Network Automation Engine) & ADS's (Application and Data Server) or ADX's (Extended Application and Data Server). - 3.2.3 Documentation of (resume) at least 5 years experience working on EtherNet/IP Networks Systems. - 3.2.4 Documentation to show that technician has successfully set up a Johnson Controls Metasys System Extended Architecture Network on to a reasonably complex preexisting facility LAN or WAN with remote access through the internet. - 3.2.5 Preference will be given to a vendor or technician that has experience in configuration of Virtual Severs. - 3.2.6 Evaluation Factor 3 : Past Performance Surveys. Each offeror shall select three (3) projects from those identified above, then request that the Owner's Representative from each project complete the questionnaire (NOTE: These are available upon Request). Completed questionnaires should be submitted with your proposal. Reference signatures are not required, however, the name, telephone number, and email address of each reference must be provided so the Government may contact them, if necessary. If the offeror does not receive the owner-completed questionnaire by the RFP closing date, the offeror, at a minimum, must identify the agency to which it was sent and provide a point of contact (individual and phone number). 4.0 BEST VALUE DETERMINATION 4.1 Technical information from offerors will be evaluated to determine if they meet the stated requirements in accordance with the Scope of Work. Offers which do not present sufficient information to permit a complete technical evaluation by the Government may be determined to be technically unacceptable and may be removed from further consideration. 4.2 Award will be made based on the result of the evaluation of (1) Authorized Building Control Specialist certification, (2) Qualifications and Experience , (3) Past Performance and (4) Price. (FAR 15.304). All evaluation factors other than price, are significantly more important than cost or price. 4.3 The contract will be awarded to the offer representing the best value to the government. The government will compare the technical information and the prices to determine the most advantageous combination for each portion or geographic location. The Government may reject any offer that is unrealistic in terms of program commitments, contract terms and conditions, or an offer that reflects an inherent lack of competence or fails to comprehend the complexity and risks of the program. An offer that is unrealistically high or low in price when compared to Government estimates may also be rejected. 5.0 COMMUNICATIONS AND REVISIONS 5.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision. 5.2 The Government intends to award based on initial offers, however, reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their Final Price Revision (FPR) for evaluation. Final selection and award will be made by the Contracting Officer to that offeror that provides the best value to the Government. 6.0 SECURITY REQUIREMENTS 6.1 Suitability Determinations: (a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable. (b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract. (c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination. Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable. (d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government. (e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow. (f)The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government. (g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract. 6.2 Compliance with Security Requirements (a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed. (b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency. 6.3 Identification Credential (a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed. (b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials. (c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the building(s) where work is being performed. (d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential. (e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential. 6.4 Standards of Conduct The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. 6.5 Removal from Contract Work (a) As provided in the clause entitled "Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable. (b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population. (c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the employee's removal from the work site and from other work in connection with the Contract. (d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government. 6.6 Sensitive But Unclassified (SBU) Building Information Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy of which will be made available upon request. 7.0 TERMS AND CONDITIONS 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (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: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (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.) __ (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). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (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. __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). _X_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (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) FAR 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: http://www.arnet.gov/far http://www.arnet.gov/GSAM/gsam.html (End of clause) - 52.203-3 Gratuities (APR 1984) - 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.204-7 Central Contractor Registrat...