TOP END OVERHAUL TO CATERPILLAR ENGINES ON NOAA SHIPS PISCES AND OREGON II

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12 and Subpart 13.5. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-70 dated 09/30/2013. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier's acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The RFQ is 100% set-aside for small business concerns. The associated North American Industry Classification System (NAICS) code is 333618, which has a corresponding size standard of 1,000 employees. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, on behalf of Office of Marine and Aviation Operations (OMAO), is soliciting quotes for the Top End Overhaul of Caterpillar Engines aboard NOAA Ships OREGON II and PISCES. The contractor shall provide all labor, services, materials, equipment, and associated related items and services necessary to perform the requirements outlined in the Statements of Work (SOW) titled "NOAA Ship OREGON II Main Engine Top End Overhauls, December 2013" and "NOAA Ship PISCES Ships Service Diesel Generator Engine Top End Overhauls, August 2013". The SOWs and NOAA Standard specification AMC-000-3, "General Requirements for Small Contract Ship Repairs" are provided as attachments to this RFQ. The work shall be accomplished on board NOAA Ships OREGON II and PISCES while the vessels are berthed at the NOAA facility located at 151 Watts Avenue, Pascagoula, MS 39567. SHIPCHECKS WILL NOT BE SCHEDULED FOR THIS REQUIREMENT. Provide the following contract line item numbers (CLINs): CLIN 0001: Top End Overhaul of Caterpillar Engines on board 1 JOB $_______________ NOAA Ship PISCES CLIN 0002: Top End Overhaul of Caterpillar Engines on board 1 JOB $_______________ NOAA Ship OREGON II GRAND TOTAL CLINS 0001 AND 0002 tiny_mce_marker_______________ Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEP 2013) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) CLIN 0001: On board NOAA SHIP PISCES 151 Watts Avenue Pascagoula, MS 39567 CLIN 0002: On board NOAA SHIP OREGON II 151 Watts Avenue Pascagoula, MS 39567 (g) NOAA/ERAD INVOICES (APR 2011) Invoices may be submitted electronically to the COR; original invoices shall be submitted to the designated billing office as follows: FOR OREGON II NOAA/OMAO/MOCA 151 Watts Avenue Pascagoula, MS 39567 Attn: Mr. Brian Kelly FOR PISCES NOAA, MED/MOA2 439 York Street Norfolk, VA 23510 Attn: Mr. Ken Kukura An electronic copy of invoices shall be submitted to the Contracting Office identified in this RFQ. (i) PAYMENT: Payment will be made by the designated payment office, which is Department of Commerce/NOAA Finance Office, Room 1204, 20020 Century Blvd., Germantown, MD 20874. (End of clause) (q) 1. CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) 2. Department of Labor (DOL) Wage Determination No. 2005-2301, Rev. 13, dated 06/19/2013 is applicable and is provided as an attachment to this solicitation. (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (v) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (w) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) Mr. Brian Kelly is hereby designated as the Contracting Officer's Representative (COR) for work on NOAA Ship OREGON II and Mr. Ken Kukura is hereby designated as the COR for work on NOAA Ship PISCES. The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. Mr. Brian Kelly is located at: Department of Commerce/NOAA, 151 Watts Avenue, Pascagoula, MS 39567; Phone number: +1 (555) 000-0000 or mobile +1 (555) 000-0000; E-mail: contact@example.gov. Mr. Ken Kukura is located at: Department of Commerce/NOAA, MED/MOA2, 439 York Street, Norfolk, VA 23510; Phone number: +1 (555) 000-0000 or mobile +1 (555) 000-0000; E-mail: contact@example.gov. (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) (x) INSURANCE: The contractor shall maintain commercial insurance in compliance with local, state and federal laws and in amounts usual and customary to the type of work to be performed under the contract for the duration of the work. Contractor shall provide proof of such insurance to the Contracting Officer prior to commencing work under the contract. (End of clause) (y) PERIOD OF PERFORMANCE: The period of performance for work on board NOAA Ship PISCES shall be fourteen (14) calendar days, beginning December 9, 2013 through December 22, 2013. The period of performance for work on board NOAA Ship OREGON II shall be six (6) calendar days. The work on board OREGON II may be accomplished simultaneously with the work on board PISCES, or it may commence immediately following the work on board PISCES. No work to be accomplished on board the OREGON II may be performed on the following dates: December 24, 25, and 31 of 2013 and January 1, 2014. Alternately, at the specific request of the contractor, the work on board OREGON II may commence after January 1, 2014; however, shall commence no later than January 2, 2014. (End of clause) (z) NOAA/AGO SCHEDULE OF DELIVERABLES: NOAA SHIP PISCES Item Description Qty Due Dlvr to Reference Inspection Findings Report 1 prior to engine reassembly COTR SOW para. 3.2.7 and Test Results Operational Test 1 upon completion of tests COTR SOW para. 3.4.5 Data Report NOAA SHIP OREGON II Item Description Qty Due Dlvr to Reference Inspection Findings Report 1 prior to engine reassembly COR SOW para. 3.1.9 and Test Results Post Overhaul Engine 1 upon completion of tests COR SOW para. 3.3.2 Operating Test Report Cost Breakdown of Parts 1 upon completion of COR SOW Ref. 3.3.3 performance (End of clause) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013)*** FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___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.] XX (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.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (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). XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] XX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. XX (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting 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 (Jul 2013) (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. 657 f). XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (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 (Jul 2013) (15 U.S.C. 637(m)). XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (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. XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). XX (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (SEPT 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (46) 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)). __ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). XX (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (52)(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: XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). XX (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.). THIS STATEMENT IS FOR IN FORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage/Fringe Benefits WG10, Step 2, Unlicensed Junior Engineer/Qualified $21.18 Member of the Engine Department (QMED) Deck Engine Mechanic WG10, Step 3, Unlicensed Junior Engineer/Qualified $22.02 Member of the Engine Department (QMED) Deck Engine Mechanic (End of clause) __ (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.). XX (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 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 (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Jul 2012). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 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)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 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. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 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.). (K) 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.). (L) 52.222-54, Employment Eligibility Verification (Jul 2012). (M) 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. (N) 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. (End of clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) *** FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2013) applies to this acquisition with the following addenda: (b) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to Michelle Blake at contact@example.gov no later than noon Eastern time on November 22, 2013. All references herein to "offerors" shall be construed as "vendors", and all references herein to "offers" or "bids" shall be construed as "quotes". Vendors responding to this solicitation shall submit written quotes in the English language. Quote shall be signed and dated, and shall include the typed or printed name of the person signing the proposal, including the signer's title. (b)(2) Electronic submission is authorized. Vendors interested in submitting a quote in response to this Request for Quotations (RFQ) are requested to provide their written quote, including all information required by this RFQ, not later than 3:00 P.M., November 29, 2013 to NOAA/ERAD, 200 East Granby Street, Suite 815, Norfolk, VA 23510, Attention: Michelle Blake or by email to contact@example.gov. All responsible small business sources may submit a quotation which shall be considered by the agency. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors list for this Acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). (b)(6) Vendors shall submit FIRM FIXED-PRICE quotes, FOB DESTINATION, in response to this solicitation in U.S. DOLLARS, rounded to NOT MORE THAN TWO DECIMAL POINTS. (b)(10) Vendors shall include past performance information which is recent, relevant and includes sufficient information as to be easily verifiable. Recent is defined as within the past three years and relevant is defined as similar in scope and complexity. (d) The text of this paragraph is deleted and the paragraph is "Reserved". (e) The text of this paragraph is deleted and the paragraph is "Reserved". (f) The text of this paragraph is deleted and the paragraph is "Reserved". (i) The full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://oam.eas.commerce.gov/CAPPS_car.html. (j) ALL VENDORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dun and Bradstreet, along with their quotes. For information regarding how to obtain a DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1. (m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The Contracting Officer, or (2) at a level above the Contracting Officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Christine Jefffries, Contracting Officer, 200 Granby Street, Room 815, Norfolk, Virginia 23510. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: +1 (555) 000-0000. (End of provision) (n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (o) SITE INSPECTION: A ship check will not be conducted for this requirement. ***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2013)*** FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) applies to this acquisition with the following addenda: (a) The following shall be used to evaluate quotes: (i) past performance and (ii) price. Vendors with no record of past performance will be assigned a neutral rating for this factor. (b) Deleted. (c) Deleted. (End of Provision) ***End of FAR PROVISION FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) *** FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as...