Running Shoes & Cross-Trainer Shoes

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-14-T-0005, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-70 effective 30 Sep 13. The North American Industry Classification System Code (NAICS) is 316210 and the business size standard is 1,000 employees. This acquisition is unrestricted. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, 10 LGCB, United States Air Force Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the Offeror's responsibility to ensure their quote meets all the requirements identified herein. Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). The USAF Academy has a requirement to procure men's and women's running shoes and cross-trainer shoes. Each shoe must meet or exceed the salient characteristics below. Provide pricing for each of the following line items Line Item 0001 Description Qty. 996 Pair Unit Price Extended Price Men's Running Shoes IAW PD 252, dated 6 OCT 09 (See ATTACHMENT 1). First Article Before production is commenced, the contractor shall submit to the contracting officer for approval the following items: One pair size 10 men's running shoe conforming to the salient characteristics of this purchase description. SALIENT CHARACTERISTICS: 1. Uppers a. Upper: Shall be made of lightweight mesh and synthetic material for breathability. The running shoe shall be low cut. The lacing configuration shall provide comfort and fit. The running shoe shall be mostly white and light gray. Colors for minor details such as logos or striping shall only be in accented colors of blue, black, and/or silver. Reflective accents are desirable. 2. Sole a. Insole: Shall have a sturdy full-length insole for heel impact absorption and arch support. It shall be made of high-density foam with a good compressible sponge rubber material commonly used in the shoe industry. b. Outsole: Shall be made of carbon (nonmarking material) or high grain rubber heel for durability. The outsole shall have crossed-girder type of configuration or comparable outersole with traction, suitable for responsive running. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). c. Midsole: Shall incorporate a visible air or gel cushioning or air or gel sole system that accommodates orthotics and shall integrate and control transition to forefoot. Sizes and Widths: See ATTACHMENT 4. Workmanship: The finished running shoe shall conform to the quality of product established by this document. The occurrence of defects shall not exceed the contractor's own quality assurance standards and the quality assurance standards defined by the technical data in the bid package. Quality Assurance: Certification: The contractor shall certify that the product offered meets the salient characteristics of this description and that the product conforms to the producer's own drawings, specifications, standards and quality assurance practices. The Government reserves the right to require proof of such conformance prior to the first delivery and thereafter as may be otherwise provided for under the provisions of the contract. Reliance on contractor quality assurance systems shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract. Certification of Compliance: Unless otherwise specified in the contract or purchase order, certificates of compliance may be submitted on all components. INSPECTION: The contractor shall inspect the finished products 100% for compliance with this purchase description prior to submitting them to USAFA for final inspection by 34LS/LGU Cadet Uniform Flight personnel in accordance with ANSI Z1.4 and this purchase description. The point of final inspection and acceptance of the finished articles shall be at USAFA. REQUEST BAR CODE LABEL WITH REQUIRED FIRST ARTICLE. Bar Code Label Requirement: A bar code label containing a 10ABW/LGLC approved stock number in Code 39, brief description, and size must be placed on each individually packaged pair of shoes, to each box and shipping container. See ATTACHMENT 3 for a bar code example. Send Bid Sample, First Article & Bar Code Label: ATTENTION: Carmen McClanathan/LGCB 8110 Industrial Drive USAF Academy CO 80840-2315 Quantity Unit Price/Extended Price: $____________ Line Item 0002 Description Qty. 286 Pair Unit Price Extended Price Women's Running Shoes IAW PD 252, dated 6 OCT 09 (See ATTACHMENT 1). First Article Before production is commenced, the contractor shall submit to the contracting officer for approval the following items: One pair size 8 women's running shoe conforming to the salient characteristics of this purchase description. SALIENT CHARACTERISTICS: 1. Uppers a. Upper: Shall be made of lightweight mesh and synthetic material for breathability. The running shoe shall be low cut. The lacing configuration shall provide comfort and fit. The running shoe shall be mostly white and light gray. Colors for minor details such as logos or striping shall only be in accented colors of blue, black, and/or silver. Reflective accents are desirable. 2. Sole b. Insole: Shall have a sturdy full-length insole for heel impact absorption and arch support. It shall be made of high-density foam with a good compressible sponge rubber material commonly used in the shoe industry. c. Outsole: Shall be made of carbon (nonmarking material) or high grain rubber heel for durability. The outsole shall have crossed-girder type of configuration or comparable outersole with traction, suitable for responsive running. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). d. Midsole: Shall incorporate a visible air or gel cushioning or air or gel sole system that accommodates orthotics and shall integrate and control transition to forefoot. Sizes and Widths: See ATTACHMENT 5. Workmanship: The finished running shoe shall conform to the quality of product established by this document. The occurrence of defects shall not exceed the contractor's own quality assurance standards and the quality assurance standards defined by the technical data in the bid package. Quality Assurance: Certification: The contractor shall certify that the product offered meets the salient characteristics of this description and that the product conforms to the producer's own drawings, specifications, standards and quality assurance practices. The Government reserves the right to require proof of such conformance prior to the first delivery and thereafter as may be otherwise provided for under the provisions of the contract. Reliance on contractor quality assurance systems shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract. Certification of Compliance: Unless otherwise specified in the contract or purchase order, certificates of compliance may be submitted on all components. INSPECTION: The contractor shall inspect the finished products 100% for compliance with this purchase description prior to submitting them to USAFA for final inspection by 34LS/LGU Cadet Uniform Flight personnel in accordance with ANSI Z1.4 and this purchase description. The point of final inspection and acceptance of the finished articles shall be at USAFA. REQUEST BAR CODE LABEL WITH REQUIRED FIRST ARTICLE. Bar Code Label Requirement: A bar code label containing a 10ABW/LGLC approved stock number in Code 39, brief description, and size must be placed on each individually packaged pair of shoes, to each box and shipping container. See ATTACHMENT 3 for a bar code example. Send Bid Sample, First Article & Bar Code Label: ATTENTION: Carmen McClanathan/LGCB 8110 Industrial Drive USAF Academy CO 80840-2315 Quantity Unit Price/Extended Price: $____________ Line Item 0003 Description Qty. 860 Pair Unit Price Extended Price Men's Cross-Trainers IAW PD 251, dated 6 FEB 04 (See ATTACHMENT 2). First Article Before production is commenced, the contractor shall submit to the contracting officer for approval the following items: One pair size 10 men's Cross-Trainer conforming to the salient characteristics of this purchase description. SALIENT CHARACTERISTICS: Design: The cross training shoe shall be a mid to high quality that incorporates state of the art technology providing comfort, durability and support. Material / Construction 1. Uppers a. Uppers shall be made of lightweight synthetic material for medial and lateral support, and to provide comfort. The cross training shall be low cut. The lacing configuration shall provide comfort and fit. The color of the cross trainer shall be in white and may incorporate small tones of black, silver, and blues. 2. Sole a. Insole: The insole shall have a sturdy full-length insole. The insole shall be a well cushion made of a good compressible sponge rubber used in the shoe industry, for arch and heel support. b. Footbed shall be fully length made of a sturdy insole board or similar to what is used in the shoe industry, for good foot stability. c. Outsole: The outsole shall be made of nonmarking material. It shall be made of solid rubber with a unique traction pattern for a variety of surfaces. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). For ASTM documents write to: ASTM 100 Barr Harbor Dr, West Conshohocken, PA 19428-2959 or call: (610) 832-9585, or email: Or Email: Contact ASTM d. Midsole and Heel: The midsole and heel shall incorporate a visible air cushioning or air sole system in heel area, providing cushioning and protection from impact. Sizes and Widths: See ATTACHMENT 6. Quality Assurance 1. Certification: The contractor shall certify that the product offered meets the salient characteristics of this description and that the product conforms to the producer's own drawings, specifications, standards and quality assurance practices. The Government reserves the right to require proof of such conformance prior to the first delivery and thereafter as may be otherwise provided for under the provisions of the contract. Reliance on contractor quality assurance systems shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract. 3. Certification of Compliance: Unless otherwise specified in the contract or purchase order, certificates of compliance shall be requested by government on all components, if the government deems necessary. The point of final inspection and acceptance of the finished articles shall be at USAFA. REQUEST BAR CODE LABEL WITH REQUIRED FIRST ARTICLE. Bar Code Label Requirement: A bar code label containing a 10ABW/LGLC approved stock number in Code 39, brief description, and size must be placed on each individually packaged pair of shoes, to each box and shipping container. See Attachment 3 for a bar code example. Send Bid Sample, First Article & Bar Code Label: ATTENTION: Carmen McClanathan/LGCB 8110 Industrial Drive USAF Academy CO 80840-2315 Quantity Unit Price/Extended Price: $_____________ Line Item 0004 Description Qty. 267 Pair Unit Price Extended Price Women's Cross-Trainers IAW PD 251, dated 6 FEB 04 (See ATTACHMENT 2). First Article Before production is commenced, the contractor shall submit to the contracting officer for approval the following items: One pair size 8 women's Cross-Trainers conforming to the salient characteristics of this purchase description. SALIENT CHARACTERISTICS: Design: The cross training shoe shall be a mid to high quality that incorporates state of the art technology providing comfort, durability and support. Material / Construction 1. Uppers b. Uppers shall be made of lightweight synthetic material for medial and lateral support, and to provide comfort. The cross training shall be low cut. The lacing configuration shall provide comfort and fit. The color of the cross trainer shall be in white and may incorporate small tones of black, silver, and blues. 2. Sole c. Insole: The insole shall have a sturdy full-length insole. The insole shall be a well cushion made of a good compressible sponge rubber used in the shoe industry, for arch and heel support. d. Footbed shall be fully length made of a sturdy insole board or similar to what is used in the shoe industry, for good foot stability. c. Outsole: The outsole shall be made of nonmarking material. It shall be made of solid rubber with a unique traction pattern for a variety of surfaces. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). For ASTM documents write to: ASTM 100 Barr Harbor Dr, West Conshohocken, PA 19428-2959 or call: (610) 832-9585, or email: Or Email: Contact ASTM e. Midsole and Heel: The midsole and heel shall incorporate a visible air cushioning or air sole system in heel area, providing cushioning and protection from impact. Sizes and Widths: See ATTACHMENT 7. Quality Assurance 1. Certification: The contractor shall certify that the product offered meets the salient characteristics of this description and that the product conforms to the producer's own drawings, specifications, standards and quality assurance practices. The Government reserves the right to require proof of such conformance prior to the first delivery and thereafter as may be otherwise provided for under the provisions of the contract. Reliance on contractor quality assurance systems shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract. 4. Certification of Compliance: Unless otherwise specified in the contract or purchase order, certificates of compliance shall be requested by government on all components, if the government deems necessary. The point of final inspection and acceptance of the finished articles shall be at USAFA. REQUEST BAR CODE LABEL WITH REQUIRED FIRST ARTICLE. Bar Code Label Requirement: A bar code label containing a 10ABW/LGLC approved stock number in Code 39, brief description, and size must be placed on each individually packaged pair of shoes, to each box and shipping container. See ATTACHMENT 3 for a bar code example. Send Bid Sample, First Article & Bar Code Label: ATTENTION: Carmen McClanathan/LGCB 8110 Industrial Drive USAF Academy CO 80840-2315 Quantity Unit Price/Extended Price: $_____________ TOTAL PRICE: $ ______________ DELIVERY IS NO LATER THAN 10 APRIL 2014 The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items (Jul 2013), addenda applies: The contractor shall submit their quote on company letterhead to include the following: - solicitation number - contact name - address - telephone number of the offeror - unit price/extended price - any discount terms - delivery terms - cage code - DUNS number - tax identification number - size of business and acknowledgement of solicitation - proof that product meets salient characteristics - warranty information - amendments if required. Quotes & Bid Samples must be received no later than 3:00 pm Mountain Standard Time (MST), 20 December 2013 at the 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to Diana South at Diana.South@us.af.mil, 719-333-08650 AND Carmen McClanathan at Carmen.McClanathan@us.af.mil, 719-333-0809. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS: 1. PART I - PRICE PROPOSAL - Submit on company letter the unit price for each line item to include extended price with an overall total price. The extended amount must equal the whole dollar unit price multiplied by the number of units. a. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: (www.sam.gov) or the certifications within this solicitation and shall be completed in hard copy and submitted with quote. b. The provision at DFARS 252.209-7994, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Federal Law - Fiscal Year 2014 Appropriations, Deviation 2014-O0004, must be completed and returned with quote which is written within this solicitation. c. The provision at DFARS 252.209-7998, Representation regarding Conviction of a Felony Criminal Violation under any Federal or State Law, must be completed and returned with quote which is within this solicitation. d. The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate, must be completed, signed and returned with quote which is within this solicitation. e. The provision at DFARS 252.247-7022, Representation of Extent of Transportation by Sea, must be completed and returned with the quote which is within this solicitation. f. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). g. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). h. Prices quotes must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other than Destination will not be considered. Delivery is required no later than the date shown for each line item above. ADDRESS: 10 MSG LGRMC - FX7000 MITCHELL HALL ANNEX, BLDG 2351 USAF ACADEMY CO 80840 2. Part II - : Technical: Offeror must submit a bid sample with literature or pictures with literature that adequately demonstrate that their product meets the salient characteristics of the solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer, bid sample or pictures and literature. If an offeror cannot comply with every requirement that offer will not be considered. The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 Evaluation-Commercial Items (Jan 1999) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factor shall be used to evaluate offers: i. Technical ii. Price When applicable, the price evaluation adjustment for HUB Zone small business concerns will be applied in accordance with FAR 52.219-4, Notice of Price Evaluation Preferences for HUB Zone Small Business Concerns, to arrive at an evaluated price. Paragraphs b and c are not applicable as shown below: 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) ADDENDUM TO 52.212-2 -- Evaluation -- Commercial Items (Jan 1999). BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in accordance with FAR Parts 12 and 13. The evaluation process shall proceed as follows: 1. Initially, quotes will be evaluated on a pass or fail basis to determine whether the proposed Running Shoes & Cross-Trainers meet salient physical, functional, or performance characteristics of the specifications shown below: Line Item 0001, Men's Running Shoes IAW PD 252, dated 6 OCT 09 (See ATTACHMENT 1). SALIENT CHARACTERISTICS: 5. Uppers a. Upper: Shall be made of lightweight mesh and synthetic material for breathability. The running shoe shall be low cut. The lacing configuration shall provide comfort and fit. The running shoe shall be mostly white and light gray. Colors for minor details such as logos or striping shall only be in accented colors of blue, black, and/or silver. Reflective accents are desirable. 6. Sole d. Insole: Shall have a sturdy full-length insole for heel impact absorption and arch support. It shall be made of high-density foam with a good compressible sponge rubber material commonly used in the shoe industry. e. Outsole: Shall be made of carbon (nonmarking material) or high grain rubber heel for durability. The outsole shall have crossed-girder type of configuration or comparable outer sole with traction, suitable for responsive running. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). f. Midsole: Shall incorporate a visible air or gel cushioning or air or gel sole system that accommodates orthotics and shall integrate and control transition to forefoot. Line Item 0002: Women's Running Shoes IAW PD 252, dated 6 OCT 09 (See ATTACHMENT 1). SALIENT CHARACTERISTICS: 1. Uppers a. Upper: Shall be made of lightweight mesh and synthetic material for breathability. The running shoe shall be low cut. The lacing configuration shall provide comfort and fit. The running shoe shall be mostly white and light gray. Colors for minor details such as logos or striping shall only be in accented colors of blue, black, and/or silver. Reflective accents are desirable. 3. Sole e. Insole: Shall have a sturdy full-length insole for heel impact absorption and arch support. It shall be made of high-density foam with a good compressible sponge rubber material commonly used in the shoe industry. f. Outsole: Shall be made of carbon (nonmarking material) or high grain rubber heel for durability. The outsole shall have crossed-girder type of configuration or comparable outer sole with traction, suitable for responsive running. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). g. Midsole: Shall incorporate a visible air or gel cushioning or air or gel sole system that accommodates orthotics and shall integrate and control transition to forefoot. Line Item 0003: Men's Cross-Trainers IAW PD 251, dated 6 FEB 04 (See ATTACHMENT 2). SALIENT CHARACTERISTICS: Design: The cross training shoe shall be a mid to high quality that incorporates state of the art technology providing comfort, durability and support. Material / Construction 1. Uppers a. Uppers shall be made of lightweight synthetic material for medial and lateral support, and to provide comfort. The cross training shall be low cut. The lacing configuration shall provide comfort and fit. The color of the cross trainer shall be in white and may incorporate small tones of black, silver, and blues. 2. Sole e. Insole: The insole shall have a sturdy full-length insole. The insole shall be a well cushion made of a good compressible sponge rubber used in the shoe industry, for arch and heel support. f. Footbed shall be fully length made of a sturdy insole board or similar to what is used in the shoe industry, for good foot stability. c. Outsole: The outsole shall be made of nonmarking material. It shall be made of solid rubber with a unique traction pattern for a variety of surfaces. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). For ASTM documents write to: ASTM 100 Barr Harbor Dr, West Conshohocken, PA 19428-2959 or call: (610) 832-9585, or email: Or Email: Contact ASTM f. Midsole and Heel: The midsole and heel shall incorporate a visible air cushioning or air sole system in heel area, providing cushioning and protection from impact. Line Item 0004: Women's Cross-Trainers IAW PD 251, dated 6 FEB 04 (See ATTACHMENT 2). SALIENT CHARACTERISTICS: Design: The cross training shoe shall be a mid to high quality that incorporates state of the art technology providing comfort, durability and support. Material / Construction 1. Uppers b. Uppers shall be made of lightweight synthetic material for medial and lateral support, and to provide comfort. The cross training shall be low cut. The lacing configuration shall provide comfort and fit. The color of the cross trainer shall be in white and may incorporate small tones of black, silver, and blues. 2. Sole g. Insole: The insole shall have a sturdy full-length insole. The insole shall be a well cushion made of a good compressible sponge rubber used in the shoe industry, for arch and heel support. h. Footbed shall be fully length made of a sturdy insole board or similar to what is used in the shoe industry, for good foot stability. c. Outsole: The outsole shall be made of nonmarking material. It shall be made of solid rubber with a unique traction pattern for a variety of surfaces. The outer sole abrasive index shall be a minimum of 75 (ASTM D 1630). The outer sole hardness shall be within the range of a minimum of 45 and a maximum of 65 (ASTM D 2240). For ASTM documents write to: ASTM 100 Barr Harbor Dr, West Conshohocken, PA 19428-2959 or call: (610) 832-9585, or email: Or Email: Contact ASTM g. Midsole and Heel: The midsole and heel shall incorporate a visible air cushioning or air sole system in heel area, providing cushioning and protection from impact. (End of Addendum) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JULY 2013) ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (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 (JUL 2012). (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...