Shipboard Custom Galley

THIS SYNOPSIS/SOLICITATION IS BEING POSTED FOR AN ADDITIONAL FIVE DAYS NEW PROPOSAL DUE DATE IS: 5PM EST FEBRUARY 1, 2013. (i) This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items, and as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. (ii) Solicitation number HSCG40-13-Q-60701 applies, and is issued as Request for Quotation. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-62. (iv) This solicitation is Set-Aside for Small Business. The North American Industry Classification System (NAICS) code is 332322 and the size standard is 500 employees for the requirement. U.S. Coast Guard Surface Forces Logistics Center intends to award a Firm Fixed Price Contract. (v) List of Items/Clins: NOTE: MUST PRICE FOB DESTINATION. PRICE BY THE UNIT OF ISSUE (EACH) AND THEN MULTIPLY BY QUANTITY SO A UNIT PRICE IS PROVIDED AND A GRAND TOTAL PRICE IS PROVIDED. SPECIAL NOTE: A SHIP SET CONSISTS OF ONE OF EACH CLIN. DELIVERY SCHEDULE IS: 1ST SET - 04/15/2013 2ND SET - 05/15/2013 3RD SET - 06/15/2013 4TH SET - 07/15/2013 NOTE: THE ABOVE SPECIAL NOTE IS FOR CLARIFICATION THAT ONE OF EACH ITEM NEEDS TO BE SHIPPED TOGETHER. IT DOES NOT WAIVE THE REQUIRED PACKING AND MARKING REQUIREMENTS FOR EACH ITEM AS DEFINED BY IT'S UNIT OF ISSUE EACH AND MUST BE INDIVIDUALLY PACKAGED AND MARKED. CLIN 1. Stock No. 2090-01-LG0-1933 DRESSER, GALLEY, 45" W X 30"D X 30" HIGH CABINET, STAINLESS STEEL GRADE 304 CONSTRUCTION, COMPLETE WITH DOORS, TWO (2) ROUND CUTOUTS IN TOP FOR DROP IN ELECTRIC SOUP WELLS, 6" ADJUSTABLE LEGS AND MARINE EDGE ALL AROUND. DRESSER TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 13 DETAIL 63-B, DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 2. Stock No. 2090-01-LG0-1934 DRESSER, GALLEY, 72" W X 30" D WORK TOP, STAINLESS STEEL GRADE 304 CONSTRUCTION, COMPLETE WITH 4 DOOR BASE CABINET 72" W X 15 3/4" D X 20" H AND MARINE EDGE ALL AROUND. DRESSER TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 14 DETAIL 54-A AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 3. Stock No. 2090-01-LG0-1935 DRESSER, GALLEY, 102" W X 30"D X 30" H WORK TOP, STAINLESS STEEL GRADE 304 CONSTRUCTION, COMPLETE WITH 14"X 20" X 10" DEEP WELDED IN SINK WITH SINK COVER, 2 EA BASE CABINETS (1) 44"W X 28"D, (1) 39"W X 28"D. 2 EA 17" X 8" UTENSIL DRAWS, 6" ADJUSTABLE LEGS AND MARINE EDGE ALL AROUND. DRESSER TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 15 DETAIL 54-B AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 4. Stock No. 2090-01-LG0-1936 DRESSER, GALLEY, TRIPLE SINK, 96" W X 30" D WORK TOP, STAINLESS STEEL GRADE 304 CONSTRUCTION, COMPLETE WITH 3 EA WELDED IN SINKS WITH SINK COVERS, 1 CABINET UNDER LEFT END 21"W X 30" DEEP X 30" H, 1 UTENSIL DRAW, FULL 10" BACKSPLASH AND RIGHT END SPLASH, 6" ADJUSTABLE LEGS AND MARINE EDGE. DRESSER TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC16 DETAIL 59-B AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 5. Stock No. 2090-01-LG0-1937 CABINET, GALLEY, 32" W X 33" D X 70" H, STAINLESS STEEL GRADE 304 CONSTRUCTION, 2 DOOR, COMPLETE WITH ADJUSTABLE INTERIOR SHELVING AND 6" ADJUSTABLE LEGS, CABINET TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 17 DETAIL 61-A AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 6. Stock No. 2090-01-LG0-1938 DRESSER, GALLEY, SINK, 102" W X 30" D WORK TOP, STAINLESS STEEL GRADE 304 CONSTRUCTION, COMPLETE WITH WELDED IN 22" X 24" X 10" DEEP SINK, SINK COVER, (2) BASE CABINETS (1) 22" W X 30" D X 30" H WITH (1) 8" UTENSIL DRAWER, (1) 49 1/2" W X 30" D X 30" H WITH (6) 8" UTENSIL DRAWS, FULL BACKSPLASH AND BOTH END SPLASH, 6" ADJUSTABLE LEGS AND MARINE EDGE. DRESSER TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 18 DETAIL 51-B AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each CLIN 7. Stock No. 2090-01-LG0-1939 CABINET, WALL, GALLEY, 48" W X 15" D X 28"H. STAINLESS STEEL GRADE 304 CONSTRUCTION, 2 DOOR, COMPLETE WITH INTERNAL ADJUSTABLE SHELVING, TO BE CONSTRUCTED IAW USCG DRAWING 378-FRAM-W-651-004 PC 19 DETAIL 63-A AND DRESSER FABRICATION NOTES D1thru D8 AND MISC DETAILS ON NAVSEA DRAWING 804-6983471. Qty: 4 each (vi) Place of delivery is: SHIP ALL ITEMS TO: COMMANDER U.S. COAST GUARD SURFACE FORCES LOGISTICS CENTER RECEIVING ROOM - BLDG. - 88 2401 HAWKINS POINT ROAD BALTIMORE MD 21226-5000 Attn: HSCG40-13-C-XXXX (X-Government order no will be provided at contract award) Receiving Room Hours: Monday thru Friday 7:30a.m. to 1:00p.m. (vii) Preparation For Delivery shall be in accordance with the following: NOTE: Failure to prepare for shipment any item and/or mark all packages, boxes, etc., as indicated below may result in rejection of the shipment and return of the shipment at the contractor's expense. PACKAGING REQUIREMENTS PACKAGING EACH ITEM MUST BE INDIVIDUALLY PACKAGED IN ITS OWN FIBERBOARD SHIPPING CONTAINER. (THE SHIPPING CONTAINER SHALL BE I.A.W. COMMERCIALLY AVAILABLE SPEC. ASTM-D-5118 AND ASTM-D-1974). THE COMPLETE LINE ITEM SHALL FIT THE CONTAINER OR BE FITTED WITH SUFFICENT BLOCKING TO PREVENT SHIFTING DURING SHIPPING AND HANDLING. ALL COMPONETS THAT MAKE UP THIS LINE ITEM, INCLUDING MOUNTING HARDWARE MUST BE PLACED IN THE CONTAINER AND SECURED IN SUCH A MANNER THAT PIECES DO NOT BECOME SEPERATED OR DAMAGED. IN THE EVENT A SINGLE ITEM (AS DEFINED BY THE UNIT OF ISSUE) WILL NOT PHYSICALLY FIT INTO ONE CONTAINER ADDITIONAL SHIPPING CONTAINERS (MEETING REQUIREMENTS STATED ABOVE) SHALL BE USED. PRESERVATION (FOR FINISHED FURNITURE ONLY) PRESERVATION REQUIRED SHALL BE - AS NEEDED TO PROTECT ANY FINISHED SURFACE FROM SCRATCHES OR DAMAGE RESULTING FROM CONTACT WITH INTERNAL BLOCKING OR BRACING OR ANYTHING INSIDE THE SHIPPING CONTAINER. MARKING'S EACH CONTAINER OR BOX SHALL BE MARKED WITH: ITEM NAME, STOCK NO., MFG PART NO., CAGE, CONTRACT NUMBER, QUANTITY OF SAME LINE ITEM PACKED IN THE SAME SHIPPING CONTAINER AND THE DATE - ALL TO BE PRINTED IN BLACK BLOCK LETTERS AND NUMBERS - A MINIMUM OF 1" HIGH EACH. (viii) Inspection Requirements a. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements. b. The Contractor shall provide certifications of successful standard production tests and/or inspections in accordance with the commercial warranty and commercial standards. The certificate shall be packed in the box with each unit, one per shipment. A copy of the certificate(s) shall be forwarded to the U.S. Coast Guard Surface Forces Logistics Center Contracting Officer. (ix) The following FAR clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far. FAR 52.212-1 Instructions to Offerors-Commercial Items (Feb 2012). 1. Parties responding to this solicitation who believe they can provide this requirement, may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2012) with their offer. (x) 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 award will be made 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: TECHNICAL EVALUATION FACTORS 1. Offers shall have a minimum of five (5) years experience in the successful manufacture of similar stainless steel shipboard galley equipment or provide documentation to prove current manufacturing capabilities and a clear understanding of the requirements in the Statement of Work. 2. Offerors shall provide upon request, photographs or similar proof of stainless steel items manufactured by their current production staff and a statement of work or proof of satisfactorily providing these types of items in the past. 3. Offers shall be able to meet the posted delivery schedule and/or provide proposed schedule with their quote. 4. Offeror shall provide at least three (3) past performance references. The Government reserves the right to obtain past performance information from sources other than provided by the offeror's. Past Performance shall be evaluated for both responsibility and offeror - s capabilities. SUBMISSION REQUIREMENTS 1. The Contractor shall submit an FOB Destination Firm-Fixed Price quote. 2. The Contractor shall provide proof they have a minimum of five (5) years experience in the successful manufacture of similar stainless steel shipboard galley equipment or provide documentation to prove current manufacturing capabilities and a clear understanding of the requirements in the Statement of Work. 3. Upon request Contractor shall provide photographs or similar proof of stainless steel items manufactured by current production staff and a statement of work or proof of satisfactorily providing these types of items in the past. 4. The Contractor shall submit written verification delivery schedule posted will be met and/or provide proposed delivery schedule. 5. The Contractor shall submit at least three (3) verifiable references for same type of supplies/services provided. Must include Company or Government name, point of contact with name and title, current phone number, dollar amount of contract, type of supplies/services provided, date of the contract, and the similarity to this requirement. The Government reserves the right to obtain past performance information from sources other than provided by the offeror's. Past Performance shall be evaluated for both responsibility and offeror's capabilities. 6. Failure to provide submission requirements may result in the Contractors offer being omitted and not being considered for award. (xi) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2012) Offerors shall include a completed copy of the provision with their offer. (xii) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) applies to this acquisition. (xiii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (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' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 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 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 (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 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). _X__ (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). _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, Pub. L. 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 (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [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 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (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) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) (xiv) 52.246-2 Inspection of Supplies -- Fixed-Price (Aug. 1996) (a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract. (c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. (d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples. (e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test. (2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary. (f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions. (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute. (i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time -- (i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and (ii) When the supplies will be ready for Government inspection. (2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances. (j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies. (k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and c...