Overhaul Winches HU40-REMAN

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is a Request for Quotation (RFQ). All correspondence regarding this acquisition shall reference Solicitation number HSCG40-14-Q-AN015. The incorporated clauses and provisions are those in effect through the Federal Acquisition Circular 2005-76 (JUL 2014). The applicable North American Industry Classification Standard Code (NAICS) is 333923. The small business size standard is 500 employees. The U.S. Coast Guard, Surface Forces Logistics Center (SFLC), Icebreaker Buoy Construction Tender (IBCT) Product Line has a requirement to open, inspect, report, and repair the following, IAW the attached Specification, R-583-0222, Rev E, dated 9/18/13, in support of the WLIC-75, WLIC-100, and WLIC-160 Class Buoy and Construction Tenders. NSN: 3950-01-566-3921, Winch, P/N: HU40-REMAN, Quantity: 12 Items as received by the contractor must be complete and of the proper cited part number. Discrepancies shall be reported to the Coast Guard Administrator. Each item shall be inspected IAW the attached Specification to determine the extent of required overhaul. The U.S. Coast Guard, Surface Forces Logistics Center (SFLC), intends to award a firm, fixed price contract. The Coast Guard has determined, consistent with 13.501(a)(1)(ii), that there is only one responsible source and no other supplies or services will satisfy agency requirements. It is anticipated that a non-competitive contract will be awarded to the Original Equipment Manufacturer (OEM), Ram Winch & Hoist, as a result of this synopsis/ solicitation. It is the Government's belief, that Ram Winch & Hoist is the only known source with access to and ownership of the technical documentation and OEM parts needed to perform the HU40-REMAN overhaul. Concerns having the expertise and required capabilities to repair these items in accordance with OEM's designs, material requirements, and standards, are invited to submit complete information discussing the same. Drawings, specifications, and other technical data are proprietary to the OEM and cannot be furnished by the Government. Justification for Other Than Full and Open Competition is attached. FAR 52.212-1 INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (Apr 2014) applies and is incorporated by reference. Addendum SUBMISSION (a) Quotes shall be submitted electronically to Mia.R.Mayers@uscg.mil no later than 3 September 2014, 3:00 PM, EST. All submissions shall reference HSCG40-14-Q-AN015. Along with pricing submission, delivery/delivery schedule and warranty terms and required technical qualification information, offerors shall provide a valid DUNS, the company's Tax Identification Number (TIN), be registered in System for Award Management (SAM) at www.sam.gov and must include the following: 1) Technical: Provide documentation - REQUIRED TECHNICAL QUALIFICATIONS- as per the evaluation factors outlined in the Evaluation section of this synopsis solicitation. 2) Past Performance - Provide documentation as per the evaluation factors outlined in the Evaluation section 3) Price: Provide pricing as per the Pricing section of this synopsis solicitation. FAR 52.215-20 REQUIREMENT FOR CERTIFIED COST OR PRICING DATA OR DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA, Alt IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) If the Contracting Officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the Contracting Officer will require submission of information in sufficient detail in order to make such determination. Such data would include at a minimum: 1) a price breakdown for all labor, materials, fees, and overhead for each CLIN, 2) information on prices at which the same or similar services and supplies have been previously provided in the commercial market, 3) supplier quotes, and/or 4) published price lists/labor rates. b. DHS Notice to Offerors: It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit Other than Certified Cost or Pricing Data (in accordance with FAR 15.403-3) to support price negotiations. (i) PRICING: (1) Labor Rate: Company will charge U.S. Government to Repair Items: $_________ (This rate shall include direct and indirect labor costs associated with the labor rate, overhead, and profit). (2) Inspection Charge per item: $_________ (This price shall also be the price the Government will be obligated to pay if any winch is determined to be beyond economical repair). (3) Estimated Labor Charge to Repair Each Item: ____ HRS X $ ________ (Labor Rate) = $ __________ (This cost shall only be used by the Government to estimate final repair costs. The actual charge will be negotiated based on the inspection report). (4) Preservation, packaging, and marking: $ __________ (This charge shall be the charge the Government shall be obligated to pay for preservation, packaging, and marking as outlined in the attached Specification.) (5) Mandatory Replacement Parts: (Company shall price all mandatory replacement parts required for the standard overhaul as listed in the attached Specification.) (6) Contingency Replacement Parts: (Company shall price all contingency replacement parts that may be required outside of the standard as for each unit as listed in the attached Specification.) (7) Replacement cost for a new item (if available) $_________ (This price will be used by the government if the unit is beyond economical repair) (8) Shipping Charge: $ ________________ (Company shall indicate shipping terms should a contract result from the quote.) NOTE: Pricing is preferred on an FOB Destination basis (9) Place of Performance*: __________________________________ *NOTE: A Department of Labor Wage Determination shall be incorporated in the resultant contract. DELIVERABLE LIST CLIN 0001 Material Test & Inspection Report for HU40-REMAN winch, NSN 3950-01-566-3921 in accordance with specification R-583-0222 section 3.2 12 EA CLIN 0002 Delivery of overhauled HU40 REMAN winch NSN 3950-01-566-3921, inspected, preserved, packaged, packed, and marked in accordance with specification R-583-0222. 12 EA (ii) DELIVERY: The Government requires delivery of all services, reports, and other deliverables to be completed according to the Specification, R-583-0222, Rev E, and Bar Coding D-000-0100, Rev G or sooner, in accordance with FAR 52.211-8, Time of Delivery (June 1997). The offeror's proposed delivery time shall be included with their quote. If delivery times differ for individual line items, please include that information. If a proposed delivery time is not provided, the required delivery time shall apply. (a) Deliver the overhauled HU40-REMAN winch to the following address between the hours of 7:00am -1:00pm, EST, Monday - Friday: USCG, Surface Forces Logistics Center Contracting and Procurement Branch 2 2401 Hawkins Point Road Receiving Room, Bldg. 88 Baltimore, MD 21226-5000 M/F: Contract Number: {to be furnished at time of award} The Government reserves the right to request Direct Delivery. If required, you will be notified of the identified delivery destination. (b) Any written reports shall be submitted to the Contract Administrator and Contracting Officer' Representative (COR), at the following address: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 2 300 E. Main Street, Suite 600 Norfolk, VA 23510 Or submitted electronically to: Mia.R.Mayers@uscg.mil and Andrew.J.Ollerman@uscg.mil NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. (iii) DELIVERY SCHEDULE: Our delivery schedule is IAW Specification R-583-0222 and as follows: CLIN 0001 Material Test & Inspection Report for winch NSN 3950-01-566-3921 in accordance with specification R-583-0222 section 3.2 WITHIN 30 Calendar days after receipt CLIN 0002 Delivery of overhauled HU40 REMAN winch NSN 3950-01-566-3921, inspected, preserved, packaged, packed, and marked in accordance with specification R-583-0222. WITHIN 120 Calendar days after final approval of CLIN 0001 Initial Receiving Report noting discrepancies such as missing, damaged, or incorrect items received by the Repair Facility from the Coast Guard: _5_ calendar days from receipt of items by the company If the required delivery schedule cannot be met, please indicate a proposed schedule below: Initial Receiving Report noting discrepancies such as missing, damaged, or incorrect items received by the Repair facility from the Coast Guard: _____ calendar days from receipt of items by the company Inspection Report(s) - ____ calendar days from the date Government-Furnished Material is received at the Contractor's facility. Coast Guard Review - 14 calendar days after receipt of Inspection Reports Repair (when authorized) - _____ calendar days after receipt of Contracting Officer's authorization to proceed. (iv) Preservation, Packaging and Marking: Overhauled winches shall be preserved, packaged, marked and bar-coded in accordance with Paragraphs 5.0 through 5.5 of Specification, R-583-0222 & Bar Coding Specification, D-000-0100. All material shipped to SFLC, must be accompanied by an itemized packing list securely attached to the outside of the package. All packing lists shall cite the Delivery Order Number with the package in such a manner as to provide identification. Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to SFLC locations. Package shall also provide adequate protection for warehouse storage and multiple shipments. All packages shall have the Contract, Delivery Order Number, Stock Number, Vendor name and Part Number clearly marked on the exterior of the package. (v) Marking of Warranted Items: Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies. (vi) Test and Inspection Reports shall be submitted IAW attached Specification/ Repair Description and include your price to repair each item. The following FAR Provisions and Clauses are applicable to this solicitation: This solicitation incorporates one or more provisions and 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. The full text of a provision or clause may also be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999). This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. 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, considering all non-price and price related factors. The following factors shall be used to evaluate offers, listed in the order of precedence: (i) Technical Capacity (ii) Past Performance (iii)Price The evaluation of quotes submitted in response to this RFQ will be conducted using a "tradeoff" process to obtain the best value to the Government. A tradeoff will be made between cost and non-factors permitting acceptance of other than the lowest price offer. In determining best value, the total cost/price, including other cost factors is considered to be less important than technical merit. Past performance is considered to be of lesser importance than technical merit; however, the closer the merits of the combination of the technical capability and past performance are to one another the greater will be the importance of price in making the award determination. In the event that two or more technical requirements and past performance reports are determined equivalent, award may be made to the lower priced quote, provided the price is reasonable. The Government intends to award without discussions with the offeror unless the Contracting Officer later determines that discussions are necessary. 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 1. TECHNICAL - The offeror shall provide sufficient information addressing their capabilities which clearly demonstrate an understanding of the overhaul requirement. Technical capabilities shall be evaluated on the documentation provided in accordance with the solicitation and specification. To be technically acceptable offerors MUST conform to requirements of the Required Technical Qualifications. - REQUIRED TECHNICAL QUALIFICATIONS- The offeror shall be the OEM or an authorized dealer for Ram Winch & Hoist. Authorized dealers MUST submit written documentation/certification as an authorized agent for the OEM as part of their proposal package. Offers submitted by other than the OEM must include with their proposal, complete and current technical and engineering data (i.e. salient physical, functional, and performance characteristics), and demonstrate that they are legally able to procure or possess all required drawings and technical publications or have updated copies available at their facility. Submit documentation verifying that the required overhaul has been satisfactorily performed for the Government in the past, to include material test, inspection report, inspected, preserved, packaged, packed and marked. The offerors must complete the below certification and submit documentation verifying that they are able to provide the required parts. "I HEREBY CERTIFY ON BEHALF OF _________________________________ (insert offeror name), IS AN AUTHORIZED DISTRIBUTOR/DEALER FOR RAM WINCH & HOIST AND THAT ALL PARTS TO BE PROVIDED UNDER THE RESULTANT CONTRACT SHALL BE ONLY GENUINE RAM WINCH & HOIST. _________________________________________ NAME OF AUTHORIZED CORPORATE OFFICER _________________________________________ TITLE _________________________________________ DATE Failure to comply with this certification, and submit the required supporting documentation with your original proposal may render your proposal unacceptable and your proposal may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor; or any other written confirmation fully demonstrating that they have the capability of procuring the required OEM parts. The Government does not intend to pay for any information that is submitted. 2. PAST PERFORMANCE Past performance shall be evaluated on previous contracts completed within the last three (3) years or currently in process for the same type of services that are being solicited under this requirement. Contracts may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. The Company shall include past performance information for any major subcontractors to be utilized during the performance and must be relevant to the scope of work they may perform under the contract resulting from this solicitation. The Company shall submit at least three (3) contracts completed within the last three (3) years or currently in process for the same type of services that are being solicited under this solicitation. References other than those provided by the Company may be contacted by the Government to obtain additional information that shall be used in the evaluation of the Company's past performance. The Government may waive the submission of past performance information by an Company if adequate data already exists on file with this office. 3. Price - Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price. For evaluation purposes, the proposed price of each item / CLIN will be multiplied by the quantity. The total price of all CLIN's shall be added together to arrive at an aggregate total. The Government intends to award without discussions unless the Contracting Officer determines that discussions are necessary. Award will be made on ALL OR NONE basis; multiple awards will not be made. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (JUL 2013) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definition. As used in this clause-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted- (i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. (End of Clause) Offerors must include a copy of the provision at FAR 52.212-3 Alternate I (May 2014) As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (MAY 2014). APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. ADDENDUM FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUL 2014) (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 and 108-78). (19 U.S.C. 3805 note)). (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: 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). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 52.225-1, Buy American Act-Supplies (May 2014) (41 U.S.C. 183). 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 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). 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (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.] 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.Chapter 67). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, Chapter 67). (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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph...