VACUUM PUMP

Request for Quote No. M00146-12- Q-P051 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) Solicitation No. M00146-12-Q-P051 is hereby issued as a Request for Quotation. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60 and Defense FAR Supplement (DFARS) Publication Notice DPN 20120724. . a. The vendor is required to complete FAR Clause 52.212-3 Offeror Representations and Certifications - Commercial Items and submit it with their quote. b. Please check the following as it applies: a. ____The vendor IS a small business under the applicable NAICS Code / Size Standard. b. ____The vendor IS OTHER THAN a small business under the applicable NAICS Code / Size Standard. (iv) This acquisition is unrestricted. The North American Industry Classification System Code is 333912 with a small business size standard of 500 employees. (v) Contract line item numbers, quantities, and units of issues: Qty Description 3 each Single Stage, Rotary Piston Vacuum Pump (In accordance with the Purchase Description) Delivery required by Sept 21, 2012 or sooner. (vi) The Fleet Readiness Center (FRC) East, Cherry Point, NC has a requirement for Single Stage, Rotary Piston Vacuum Pump with the following Purchase Description: (vii) PURCHASE DESCRIPTION VACUUM PUMP, SINGLE STAGE, ROTARY PISTON BRAND NAME OR EQUAL PURCHASE DESCRIPTION 1. Scope. This purchase description describes the minimum essential requirements for the design, manufacture, and delivery of three (3) each single stage, rotary piston vacuum pumps. This specification is for the express purpose of soliciting technical proposals and cost estimates from established contractors having experience in the design and manufacture of such systems; that meet the minimum essential characteristics. This equipment will be delivered to the Fleet Readiness Center East (FRC East), Cherry Point, NC. 2. Essential Characteristics. The proposed vacuum pumps shall be designed and manufactured to the following minimum essential characteristics in order to replace existing equipment. The existing vacuum pumps support an autoclave and a bonding room performing aircraft component composite repair processes. The vacuum pumps shall be designed and configured to meet the following application specifications: 2.1 Belt driven, rotary piston pump with cast iron construction 2.2 Single stage 2.3 Air Cooled 2.4 Totally Enclosed-Fan Cooled (TEFC), 208/230/460 VAC, 3 phase, 60-hertz motor 2.5 Full pumping speed down to 1 Torr 2.6 Absolute pressure down to 10 microns/.013 mille bars 2.7 Volume capacity: 134 Actual Cubic Feet per Minute/227 cubic meters per hour 2.8 Adjustable gas ballast, with 6 percent maximum flow 2.9 No metal-to-metal contact in pumping chamber 2.10 Buna-N seals 2.11 Supplied with required vacuum oil 2.12 Exhaust filter with oil mist eliminator 2.13 Discharge boss: 1-1/2 inch NPT female 2.14 Suction boss: 3 inch flange 3. Electrical Power. The vacuum pumps shall operate from a 208/230/460 VAC, 3 phase, 60-hertz existing single source. All electrical work shall be performed in accordance with NFPA 70, NFPA 79, and NEMA IEC-1, -2. 4. Performance Test. The vacuum pumps shall be set up and tested at the manufacturing facility prior to shipment to verify it performs in accordance with this specification. Final acceptance will be complete when the vacuum pumps perform in accordance with all requirements of this specification at FRC East, Cherry Point, NC. 5. Equipment Markings. Name, manufacturers, type, model, and serial number of the equipment shall be displayed on the equipment in permanent markings. All nomenclature shall be in the English language. 6. The Control of Hazardous Energy (Lockout/Tagout). A written procedure for locking out all energy sources shall be provided in accordance with 29 CFR 1910.147. The written procedure shall be provided in the operation and maintenance manual. 7. Safety and Health Requirements. Covers, guards and other safety devices shall be provided for all parts of the equipment that present safety hazards. The safety devices shall not interfere with the operation of the equipment. The safety devices shall prevent unintentional contact with the guarded part, and shall be removable to facilitate inspection, maintenance and repair of the parts. All equipment parts, components, mechanisms and assemblies furnished on the equipment, whether or not specifically required herein, shall comply with all the requirements of all safety standards in 29 CFR 1910. 8. Prohibited Materials. Asbestos, mercury, lead and polychlorinated biphenyl (PCB), shall not be used in any part or component of the equipment. 9. Environmental Conditions. The equipment shall be designed and constructed such that during the manufacture, operation, service, transportation or storage of the equipment and its components, the equipment shall not utilize or emit materials hazardous to the ecological system as prescribed by federal, state or local statutes in effect at the point of installation. 10. Documentation. Three (3) copies each of the commercial off the shelf operation and maintenance manuals shall be provided 30 days prior to delivery of the vacuum pumps for FRC East to prepare for installation. The operation manuals shall provide complete instruction on the unit's installation, operation, shutdown, and lockout-tag-out procedures. Preventive maintenance instructions shall be provided, as well as a recommended spare parts list with component brochures (cut sheets). The manuals shall include general arrangement drawings as well as electrical schematics. 11. Warranty. All furnished equipment shall have a standard commercial warranty. The contractor shall be responsible for correcting any deficiencies at no cost to the Government. 12. Shipping Address. All equipment and documentation as required herein shall be delivered to the following address: Receiving Officer Attn: Scott Hobgood, Code 6.3.2.3 Fleet Readiness Center East (FRC East) Cunningham Street Building 159, Bay Door R4 Cherry Point, NC 28533-0021 (viii) INSTRUCTIONS FOR THE PREPARATION OF QUOTES: The vendor shall submit technical, past performance, and price information in accordance with the following instructions: a) Technical Quote Instructions:. The vendor's techncial quote shall describe in detail and provide information that demonstrates how their quoted product meets or exceeds the minimum requirements of the Purchase Description. The vendor must also provide delivery dates for each line item. b) Past Performance Information Instructions i) Vendors shall submit past performance information requested below as part of their quotation. ii) Vendors shall submit at least there (3) relevant past performance references to the Contracting Office with the submission of their quote. Deadline for receipt of past performance information is the same as the deadline for the receipt of the entire quoted. Failure to provide the requested information will render the quote incomplete and it may not be evaluated. If a vendor has not relevant past performance history, the vendor must affirmatively state that it possesses no relevant past performance history. Vendors with no relevant past performance history available will be evaluated neither favorable nor unfavorably on past performance. iii) Relevant past performance is defined as performance on contracts of similar in size/scope/complexity and dollar value as this requirement performed within the past three (3) years. For the purpose of the RFQ, "similar in size/scope/complexity" means delivery of similar type and quantity of products to those required by this RFQ. Reference information shall include agency or company name, contract number(s) if applicable, point of contact information (to include e-mail address and phone number), brief description of the supplies provided, and contract dollar amount. c) Price Quote Instructions: The vendor's price quote shall include: i) Vendor's quoted firm-fixed unit price for the Vacuum Pump. ii) FOB Destination is preferred. If quoting freight provide a separate line item. iii) Completed copy of FAR 52.212-3 , Offer Representation and Certifications-Commercial Items, Alternate I. (viii) BASIS OF AWARD a) The Government will award a purchase order resulting from this solicitation to the lowest-priced technically acceptable vendor who has a satisfactory past performance record. A technically acceptable vendor is a vendor that demonstrates the ability to perform all requirements of the Statement of Work set forth herein. b) All quotes will be evaluated first by price; and then the lowest priced quote will be evaluated for technical acceptability. If the lowest priced quote is technically unacceptable, then the evaluation team will move to the next lowest quote to evaluate for technical acceptability and so forth. Once a technically acceptable quote is identified, that vendor's past performance will be evaluated. If it is determined satisfactory, award will be made to that vendor without further evaluation of other quotes. (ix) The following provisions apply to this acquisition and are hereby incorporated by reference: FAR 52.212-1, Instructions to Offers - Commercial Items. FAR 52.211-6, Brand Name or Equal DFAR 252.225-7000 Buy American Act - Balance of Payments Program Certificate DFAR 252.225-7031 Secondary Arab Boycott of Israel FAR 52.212-3, Offer Representation and Certifications-Commercial Items, Alternate I. A completed copy of this provision shall be submitted with the offer. (x) The following clauses apply to this acquisition and are hereby incorporated by reference and are to remain in full force in any resultant purchase order: FAR Clauses: 52.212-4, Contract Terms and Conditions Commercial Items. DFARS Clauses: 252.203-7002, Requirements to Inform Employees of Whistleblower Rights, 252.204-7003, Control of Government Personnel Work Product, 252.204-7004 Alt A, Central Contractor Registration, 252.204-7008, Export-Controlled Items 252-223-7006, Prohibition on Storage and disposal of Toxic and Hazardous Material 252.225-7000, Buy American Act- Balance of Payments Program Certificate, 252.225-7002, Qualifying Country Sources as Subconractors, 252.232-7006, Wide Area Workflow Payment Instructions 252.232-7010, Levies on Contract Payments, 252.243-7001, Pricing of Contract Modifications (xi) The following clauses applies to this acquisition and are hereby incorporated in full-text and are to remain in full force in any resultant purchase order: 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 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.) ___ (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.) _X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 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's 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 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] ____ (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. ____ (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 (Jul 2010) of 52.219-9. ____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (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 (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. 3126). __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). ____ (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 (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.) ____ (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) (E.O. 13513). ____ (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 (MAY 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, and 112-42). ____ (ii) Alternate I (Mar 2012) of 52.225-3. ____ (iii) Alternate II (Mar 2012) of 52.225-3. ____ (iv) Alternate III (Mar 2012) of 52.225-3. ____ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X__ (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) 52.226-4, 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) (41 351, 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 (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 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (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) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) ____ 252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (JUN 2012) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) _X__ 252.225-7001, Buy American and Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____ Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUN 2012) (10 U.S.C. 2533b). (9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2012) (10 U.S.C. 2533a). (10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). 12) ____ 252.225-7017, Photovoltaic Devices (JUN 2012) (Section 846 of Pub. L. 111-383). 13)(i) ____ 252.225-7021, Trade Agreements (JUN 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021. (iii) ____ Alternate II (OCT 2011) of 252.225-7021. (14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (JUN 2012) of 252.225-7036. (iii) ____ Alternate II (JUN 2012) of 252.225-7036. (iv) ____ Alternate III (JUN 2012) of 252.225-7036. (v) ____ Alternate IV (JUN 2012) of 252.225-7036. (vi) ____Alternate V (JUN 2012) of 252.225-7036. (17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (19) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (20) ____ 252.227-7013, Rights in Technical Data--Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (21) ____ 252.227-7015, Technical Data-Commercial Items (DEC 2011) (10 U.S.C. 2320). (22) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)))(10 U.S.C. 2321). (23) _X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84) (25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (26) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (27) ____ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84). (28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (29)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) _X__ Alternate III (MAY 2002) of 252.247-7023. (30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR (2000) (10 U.S.C. 2631). (31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417). c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). 2) 252.227-7013, Rights in Technical Data--Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (3) 252.227-7015, Technical Data--Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)). (4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)). (5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR PROVISIONS/CLAUSES are available at: http://farsite.hill.af.mil/VFFARA.HTM DFARS PROVISIONS/CLAUSES are available at: http://farsite.hill.af.mil/VFFARA.HTM (End of clause) (xii) The successful vendor shall ...