Tool Sharpening

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS Solicitation FN1338-11 Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR, operates approximately 99 factories in over 64 locations. Its production lines are extensive and includes over 250 different products and services sold to other Federal Agencies and the Department of Defense. This solicitation is intended to result in a Firm Fixed Price, Indefinite Quantity Type of contract Performance for this requirement is for one base year with four, one year optional periods if exercised. The following information pertains to the Standard Form 1449 Solicitation: - The offer acceptance period is 60 calendar days. - Block 25, Funds will be obligated by delivery order and not by the contract itself. - The period of performance for this requirement is date of award through one (1)base year with four option years if exercised. This solicitation will result in a Indefinite delivery indefinite quantity type contract for tool sharpening services and purchase of replacement blades on an as need basis for UNICOR FCC Coleman, FL. - Offers must repair and return blades within 7 business days after pickup from UNICOR Coleman unless written authorization is provided by Coleman for a longer period of time. If tools cannot be repaired, offerors shall Notify UNICOR Coleman within 48 hours after pickup. - Deliveries are made F.O.B. Destination (Which shall include transportation charges). - All offerors must complete the Business Management questionnaire in Section L of solicitation document with three references. References must be for same or similar items. - Fax proposals are accepted at 352-330-8149, Attn: James Mitchell or email jwmitchell@central.unicor.gov, the fax cover sheet shall reference the solicitation number and offer closing date and time, email subject shall reference the solicitation number. Original proposal shall be received within 2 days of offer closing date at UNICOR, FCI Schuylkill, Route 901 and Interstate 81, Minersville, Pa 17954. The envelope for the solicitation documents shall be clearly labeled with the solicitation number FN1338-11. Solicitation closes on September 6, 2011 at 14:30 eastern standard time. No offers will be considered after this time. - All offerors must be registered in the CCR database to be *eligible for award. If you have not registered in the CCR you may do so by logging onto and click on start new registration. - All offerors must acknowledgment all amendments. - The offer acceptance period is 60 calendar days. - Block 25, Funds will be obligated by each delivery order and not by the contract itself. - Place of Delivery: FCC Coleman, 846 NE 54TH TERRACE, Coleman, FL 33521 - All solicitations (also future procurement) and any other information (amendments, etc) may be obtained through Febizops.gov. SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENTS STATEMENT OF WORK: The offeror is required to pickup tools which require sharping services, and re-tipping from FCC Coleman and re-deliver the sharpening tools to FCC Coleman, FL within 7 business days of the pickup unless written authorization is provided by Coleman for a longer period of time. If tools cannot be repaired, offerors must notify UNICOR Coleman within 48 hours after pickup. A written delivery order will be placed with the contractor when the tools need servicing. The contractor is required to perform sharpening tool services, and re-tipping of blades. The offeror shall include labor, material, and shipping costs in the unit price. The delivery order will provide types, sizes and teeth of blades that need sharpening and/or re-tipping. The number of blades to be serviced will vary and will be specified on each delivery order. Upon pickup of blades, the contractor will examine blades and notify UNICOR within 24-hour of the work required on blades. A modification will be issued only if the services differ from the requested order and both parties agree. (For example if 15% of any blade teeth have to be repaired; it may be in the governments best interest to purchase a new blade). The contractor is required to re-sharpen tools and return to FCC Coleman within 7 business days. The contract resulting from this procurement is a firm fixed indefinite delivery indefinite quantity type contract. The period of performance is for one base year and four option periods if exercised. Offeror must bid on all items for base and option years to be considered for award. SHARPENING ITEMS: BELOW IS A LIST OF BLADES AND BITS BY DIMENSION USED: 1.-10" DIAMETER WITH 80 TEETH 2.-10" DIAMETER WITH 60 TEETH 3.-10" DIAMETER WITH 40 TEETH 4.-SPECIAL HOGGING BLADES 10" DIAMETER WITH 108 TEETH 5.-SPECIAL HOGGING BLADES 12" DIAMETER WITH 108 TEETH 6.-8" DIAMETER WITH 30 TEETH 7.-4" DIAMETER WITH 6 TEETH 8.-6" DIAMETER WITH 36 TEETH 9.-6" DIAMETER WITH 24 TEETH 10.-5" DIAMETER WITH 9 TEETH 11.-10" DIAMETER WITH 72 TEETH 12.-8" DIAMETER WITH 42 TEETH 13.-8" DIAMETER WITH 36 TEETH 14.-4" DIAMETER WITH 20 TEETH 15.-3 1/4" DIAMETER WITH 20 TEETH 16.-15" DIAMETER WITH 60 TEETH 17.-14" DIAMETER WITH 24 TEETH 18.-ROUTER BITS 3/4" DIAMETER 2 FLUTE 19.-ROUTER BITS 3/4" DIAMETER 1 1/8 FLUTE 20.-ROUTER BITS 1/2" DIAMETER 1 3/4 FLUTE 21.-ROUTER BITS 1/2" DIAMETER 1 1/4 FLUTE 22.-ROUTER BITS 1/2" DIAMETER 1 FLUTE 23.-BRAD POINT DRILL BITS 19/32" DIAMETER 19/32 FLUTE 24.-BEARING ROUTER BIT 1/2" DIAMETER WITH 1 3/4 FLUTE 25.-ROUTER BITS 2" DIAMETER WITH 1/2 X 1/4 FLUTE 26.-ROUTER BITS 1/4" DIAMETER WITH 3/8 X 1/4 FLUTE 27.-RADIUS BIT 1/2" DIAMETER WITH 1/4 FLUTE 28.-DRILL BITS 5/16" DIAMETER WITH 6 FLUTE 29.-T-SLOT BLADE 30.-MULTI-SPUR BITS 31.-2" DIAMETER WITH 6 TEETH (KERF-CUTTER) 32.-ROUTER BITS 1/2" DIAMETER WITH 2" FLUTE UNICOR may add similar items to the awarded contract through a modification issued by the contracting officer. SECTION D - PACKAGING AND MARKING Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity. A Certificate of Conformance must accompany each shipment. ALL SHIPMENTS RECEIVED WITHOUT A CERTIFICATE OF CONFORMANCE (coc) WILL NOT BE PROCESSED FOR PAYMENT UNTIL A COC IS PROVIDED. All shipments should be labeled as follows: All shipments should be labeled as follows: a. Vendor name b. Purchase Order number and/or Contract number c. Item description d. Item quantity and weight e. Other pertinent information Delivery hours are as follows: Delivery hours are Monday through Friday, 8:00 am to 2:30 pm, excluding Federal Holidays. SECTION E - INSPECTION AND ACCEPTANCE E.1 52.246-16 Responsibility for Supplies. APR 1984 E.2 52.246-15 Certificate of Conformance (Apr 1984) (a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred. (b) The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment. (c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense. (d) The certificate shall read as follows: I certify that on ______ [insert date], the ____ [insert Contractors name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document. Date of Execution: ________________________________ Signature: _______________________________________ Title: ____________________________________________ SECTION F - DELIVERIES OR PERFORMANCE F.1 FPI 1000F1 DELIVERY ORDER Supplement: LCL APPR UNICOR issues delivery orders via email or fax, we will not mail delivery orders unless we are prohibited from using the electronic means listed. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation must be made within 24 hours of order receipt. Order confirmation containing the following information must be faxed to James Mitchell, Contract Specialist at 352-330-8149 or emailed jwmitchell@central.unicor.gov or his/her designee. a. Date of order b. Contract number and order number c. Item number and description, quantity, and unit price d. Delivery or performance date e. Place of delivery f. Shipping instructions g. Accounting data h. Any other pertinent information Delivery shall be 7 business days for each delivery order placed thereafter. The period of performance for this contract will be One (1) base year with four (4) one year option years if exercised. F.2 FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE Supplement: LCL APPR 16.505(a) and the clause located in FAR 52.216-18 entitled "Ordering" and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below: PRIMARY: James Mitchell, Contract Specialist, UNICOR FCI Schuylkill, 570-544-7335, Fax 352-330-8149, EMAIL jwmitchell@central.unicor.gov. SECONDARY: Lisa Clark, Contract Specialist, UNICOR FCC, Coleman, FL, 352-689-4071 FAX 352-689-8125 F.3 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 5% per week of the total cost of each line item delayed. UNICOR will issue purchase orders with pricing according to the assigned contract terms. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor with consideration (liquidated damages) amounts. Liquidated damages will begin to accrue at the moment of a delay caused by the offeror. The amounts will be tracked weekly and UNICOR will bill contractor quarterly for all liquidated damages for the previous three months. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product. The contractor will issue UNICOR a credit according to the spreadsheet generated by UNICOR Contract Specialist. A copy of the credit shall be submitted to the contract Specialist James Mitchell at jwmitchell@central.unicor.gov. If the credit is not received within 30 days, UNICOR contract specialist will notify accounts payable to deduct the overdue amounts from future vendor invoices. Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location. There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis. F.4 52.211-16 Variation in Quantity. (APR 1984) (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below. (b) The permissible variation shall be limited to: -0% /+0% SECTION G - CONTRACT ADMINISTRATION DATA (a) Melissa Beasley, Production Controller, FCC Coleman 352-689-4073 mbeasley@central.unicor.gov (b) The COTR is responsible, as applicable, for: receiving all deliverable's, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments. (c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing. ADMINISTERED BY: This contract will be administered by: PRIMARY: UNICOR, Federal Prison Industries PO Box 727 Minersville, PA 17954-0727 Attn: James Mitchell, Contract Specialist 570-544-7335 SECONDARY: Lisa Clark, UNICOR FCC Coleman 846 NE 54th Terrace Coleman, FL 33521 352-689-4071 Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above. In the event Mr. Mitchell is unavailable, please mail correspondence to the secondary contact. ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below: (a) Payee Name (Contractor):__________________________________ (b) Check Remittance Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Any questions or problems regarding payment should be directed to the Business Manager at the following locations: UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 4000, BUTNER, NC, 27509-4000 ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR. NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT, INVOICES THAT DO NOT AGREE WITH THE PURCHASE ORDER/DELIVERY ORDER AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN BLOCK 17A OF THE SF1449. Vendor Payment Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account , routing ). Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. Offerors may obtain the ACH form by logging on to the following website: www.fpi.gov Homepage Procurement branch UNICOR Forms The ACH is the first form, just click on form and print to your printer, fill out and return to the contracting officer. SECTION H - Warranty Left Blank Intentionally SECTION I - CONTRACT CLAUSES I.1 FAR 52.212-4 (May 2001) (DEVIATION) - Contract Terms and Conditions - Commercial Items. Part (d) of clause 52.212-4 is replaced with the following: "This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601 613). Disputes arising under or relating to this contract shall be resolved in accordance with clause FAR 52.233 1 Disputes (JUL 2002) (DEVIATION), which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. To view the full text clause FAR 52.233 1 Disputes (JUL 2002)(DEVIATION), go to http://www.unicor.gov/fpi_contracting." I.2 52.216-22 (Oct 1995) - Indefinite Delivery Indefinite Quantity Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 days beyond contract expiration. I.3 52.223-11 Ozone-Depleting Substances. (MAR 2001) (a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-- (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows: Warning Contains (or manufactured with, if applicable) [[ ]], a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. [ ] The Contractor shall insert the name of the substance(s). I.4 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through one (1) base year with Four (4) One Year options Years if exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. However UNICOR does not mail delivery orders. They are sent to offeror either by fax or email. An order confirmation is the signed copy of the delivery/purchase order. I.5 52-212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders#Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jul 2010) (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act#Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (8) [Reserved] __ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (10)(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 (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __(12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). _X (14) 52.219-16, Liquidated Damages#Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (15)(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. __ (16) 52.219-25, Small Disadvantaged Business Participation Program#Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-26, Small Disadvantaged Business Participation Program# Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). X_ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (21) 52.222-19, Child Labor#Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) X (28)(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.) __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (30)(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. __ (31) 52.225-1, Buy American Act#Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (32)(i) 52.225-3, Buy American Act#Free Trade Agreements#Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. X (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (34) 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). __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (37) 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)). __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (39) 52.232-33, Payment by Electronic Funds Transfer#Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (40) 52.232-34, Payment by Electronic Funds Transfer#Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X (43)(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (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.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act#Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act#Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment#Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services#Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records#Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor#s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause# (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 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 (Sept 2006) (38 U.S.C. 4212). (vi...