Overhaul 54H60-117 Propeller Assemblies and Related Components

AMENDMENT 0001: Solicitation HSCG38-13-R-H00006 is Amended and the SERVICE CONTRACT ACT requirements are removed. The Closing Date and Time for Reciept of Offers is extended to March 14, 2013 No Later Than 3:30pm Eastern 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. The Solicitation Number is HSCG38-13-R-H00006 and the solicitation is issued as a Request for Proposal (RFP) using the procedures of FAR 12 in conjunction with FAR 15. The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-65. This solicitation is a Total Small Business Set-aside. The applicable North American Industry Classification Standard is 336412 and the Small Business Size Standard is 1000 employees. All responsible small business sources may submit a proposal which will be considered by the agency. Proposals from large business sources will not be considered under this Total Small Business Set-aside acquisition. The complete detailed Contract Line Item Number (CLIN) Structure is provided as a separate document, which offerors may use for their price proposal. The Statement of Work (SOW) is also provided as a separate document to this solicitation. Description of the requirement: The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Elizabeth City, NC requires overhaul of the Hamilton Sundstrand 54H60-117 Propeller Assembly and related components. Overhaul work shall be performed in accordance with Air Force Technical Orders (AFTO's) listed in the SOW in section 3.3. The USCG ALC requires overhaul of the following items: Propeller Assembly, P/N 54H60-117, NSN: 1610-01-096-7677 Quantity 24 each; Valve Housing Assembly, P/N 714325-5 NSN:1610-01-016-2196, Quantity 10 each; Pump Housing Assembly, P/N 733872-6 NSN: 1610-01-220-6052, Quantity 4 each; Propeller Spinner, P/N 554665 NSN: 1610-00-873-6251, Quantity 2 each; Propeller Synchronizer, P/N: 774800-1 NSN: 1610-01-128-7400, Quantity 4 each; Afterbody Half Body P/N: 560501 NSN: 1610-00-873-6424, Quantity 4 each. The 54H60-117 Propeller Assembly is used on the USCG HC-130H aircraft. The contractor must possess all tools, parts, test equipment, facilities, technical data, and AFTOs, including AFTO updates, necessary to overhaul the propeller assemblies and related components. The USCG does not control the AFTO process, does not own and does not have the ability to release the AFTOs. The contractor must be able to obtain the most recent AFTOs including updates to the AFTO's. The source for AFTOs is provided in the SOW under section 3.6. The contractor must be either a Federal Aviation Administration (FAA) Certified/Authorized Repair Station, a European Aviation Safety Agency (EASA) Approved Maintenance Organization, or a Transport Canada Civil Aviation Directorate (TCCA) Approved Maintenance Organization authorized to overhaul the 54H60 Propeller Assembly and related components. Possession of at least one (1) of these Certifications is a minimum requirement. The contractor shall also have the capability to perform cold rolling of individual blades as specified in the AFTO or the ability to obtain it in such a manner to meet the Delivery Schedule established in the SOW section 7.0. The Propeller Assemblies and related components are considered to be Flight Critical, therefore an Airworthiness Certification is required for all overhauled equipment. The contractor may choose to use the Federal Aviation Administration (FAA) Form 8130 Airworthiness Certificate however the USCG does not require use of this form. An alternate Airworthiness Certification developed by the contractor using language and format either the same or similar as used for commercial customers under FAA regulations may be used in accordance with the SOW section 10.2.1. The USCG intends to ship all of the equipment listed in the Schedule of Supplies/Services CLIN structure in one (1) shipment for overhaul and return to the USCG in accordance with the SOWs Delivery Schedule, however, due to the physical size of the Propeller Assembly offerors may propose the USCG employ a staggered shipping schedule for the Propeller Assemblies only beginning with a minimum of five (5) each providing the delivery schedule can be met. If a proposal does not propose a staggered shipping schedule it will be assumed the contractor can accept all of the equipment in one (1) single shipment. A staggered delivery schedule is acceptable for overhauled Propeller Assemblies, however, the minimum delivery requirement is five (5) each every 60 calendar days After Receipt of Material (ARM) at the Contractor's facility. Required delivery for all other items is 60 calendar days ARM at the Contractor's facility. Delivery shall be made to the USCG Aviation Logistics Center, Receiving Bldg 63, Weeksville Road, Elizabeth City, NC 27909. Proposals shall be F.o.b. Destination shipping terms from the contractor's facility to Elizabeth City, NC. Accelerated and Aircraft of Ground (AOG) situations are addressed in the SOW in sections 7.2 and 7.3. Inspection and Acceptance shall be in accordance with FAR 52.212-4(a) and will performed by the USCG Aviation Logistics Center Quality Assurance Branch. FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) is incorporated and tailored in accordance with FAR 12.302(a) Offerors shall agree to hold prices firm for 90 calendar days from the closing date of this solicitation. Offerors must be registered in System for Award Management (SAM) system prior to contract award. The Sam website is available at https://www.sam.gov/portal/public/SAM/ Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) 1) Proposals shall be separated into four (4) individual sections - SECTION 1: Technical Ability, SECTION 2: Quality Control System, SECTION 3: Past Performance and SECTION 4: Price Proposal. 2) Offerors shall submit an Original and two (2) Copies of their proposal. 3) Due to potential file size E-mail and facsimile proposals will not be accepted. Proposals shall be submitted to: USCG Aviation Logistics Center, LRS Procurement Branch, 1060 Consolidated Road, Elizabeth City, NC 27909, to the attention of Denise P. Hall, Contract Specialist FAR 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) FAR 52.211-14 Notice of Priority Rating for National Defense Use (Apr 2008) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Full text of provisions clauses may be accessed electronically at https://www.acquisition.gov/far FAR 52.2-212-2 Evaluation of Commercial Items (Jan 1999) is applicable to this acquisition. (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: Factor I Technical Ability Factor II Quality Control System Factor III Past Performance Factor IV Price The above evaluation factors are listed in their order of importance. Non-price Factors when combined are more important than price. Factor I: Technical Ability Proposals shall describe in sufficient detail the offerors ability to perform the overhaul work in accordance with the requirements of the SOW with emphasis on addressing the ability to overhaul equipment in accordance with the required technical data including any updates to technical data that may be issued during contract performance, ability to meet cold rolling requirements, the offerors approach in providing an Airworthiness Certification on all overhauled equipment, and the offeror's approach to meet required delivery schedules. Factor II: Quality Control System Proposals shall describe in sufficient detail the offerors Quality Control System that will be used in performance of the contract with emphasis on inspection procedures, personnel involved in the inspection process including their qualifications and responsibilities, traceability of replacement parts to the original equipment manufacturer, warranty terms and duration, and address work that will be subcontracted including subcontractor qualifications and formal agreements between the offeror and subcontractors. Factor III: Past Performance Past performance will be evaluated for a performance risk assessment and will consider the relevance and the quality of the contractor's past performance. Relevancy will consider the offeror's experience in overhauling the Hamilton Sundstrand 54H60 model Propeller Assembly. Quality of past performance will consider quality issues and their resolution, timeliness of delivery, and customer satisfaction. Attachment C to the SOW is an "OFFERORS PAST PERFORMANCE QUESTIONAIRE". Offerors must include a complete Questionaire with their proposal for three (3) customer references. The Government reserves the right to use past performance information obtained from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and Government personnel who are experienced with the offerors performance. Factor IV: Price Price will be evaluated to determine fairness and reasonableness. Prices that are extremely high or low in relation to the Government's estimate may be judged unrealistic and may indicate that the offeror has misunderstood the nature of the work to be performed. The Government intends to award a single contract for the overhaul of all equipment listed in the CLIN structure but reserves the right to break out CLINs and award more than one contract if determined to be in the best interest of the Government. Proposals shall price ALL CLINs to be considered complete. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. 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. (End of provision) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 2012) Offerors shall include a competed copy of this provision with its offer. Full text of this provision is available at https://www.acquisition.gov/far/ FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2012) Addendum to FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2012) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-15 Certificate of Conformance (Apr 1984), FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full text of clauses are available at https://www.acquisition.gov/far/ HSAR 3052.222-90 Local Hire (Jun 2006) (a) When performing a contract in whole or in part in a State with an unemployment rate in excess of the national average determined by the Secretary of Labor, the Contractor shall employ, for the purpose of performing the portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly, the necessary skills. (b) Local resident defined. As used in this section, "local resident" means a resident of, or an individual who commutes daily to, a State described in subsection (a). (c) The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) DHS FAR Class Deviation Clause 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. Homeland Security Acquisition Regulation (HSAR) 48 CFR 3009.104-75 3052.209-70 Prohibition on Contracts With Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting - more than 50 percent' for - at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: _it is _is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; _it is __is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or _it is __is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. None (b) Clauses. 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012) 3052.247-72 F.o.B. Destination Only (Dec 2003) (End of clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0 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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 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 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] X (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. X (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. X(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. 0 (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). 0 (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). X (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). X (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). 0 (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). X (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 (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). (ii) Alternate I (DEC 2007) of 52.223-16. X (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 (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (ii) Alternate I (Mar 2012) of 52.225-3. (iii) Alternate II (Mar 2012) of 52.225-3. (iv) Alternate III (Nov 2012) of 52.225-3. (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (42) 52.225-13, Restrictions on Certain Foreign Purchases (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)). 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: [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 ...