Vessel Installation, Maintenance, and Repair for NOAA Chesapeake Bay Office This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12,6, as supplemented with additional information in this notice. THIS ANNOUCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The Request for Quote (RFQ) number is EA-133F-14-RQ-0682. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-75. The RFQ is issued as a small business set aside. The associated North American Industry Classification System (NAICS) code is 713930, Marinas, which has a corresponding revenue standard of $7 million. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division located at 200 Granby Street, Norfolk, VA 23510, requires the following services: Period of performance: August 18, 2014 through August 17, 2019 Year One, August 18, 2014 through August 17, 2015 0001 41' Utility Vessel 100 hour engine service, estimated quantity: 3. $_________/each 100 hour generator service, estimated quantity: 3. $________/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0002 32' Survey Vessel 100 hour engine service, estimated quantity: 3. $_______/each 100 hour generator service, estimated quantity: 3. $_______/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0003 24' Rigid Hull Inflatable Boat Annual engine service, estimated quantity: 1. $_______/each Travelift Fee, $______/foot 0004 Composite Labor Rate, $______/hr 0005 Material handling fee, $______/% Year Two, August 18, 2015 through August 17, 2016 0006 41' Utility Vessel 100 hour engine service, estimated quantity: 3. $_________/each 100 hour generator service, estimated quantity: 3. $________/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0007 32' Survey Vessel 100 hour engine service, estimated quantity: 3. $_______/each 100 hour generator service, estimated quantity: 3. $_______/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0008 24' Rigid Hull Inflatable Boat Annual engine service, estimated quantity: 1. $_______/each Travelift Fee, $______/foot 0009 Composite Labor Rate, $______/hr 0010 Material handling fee, $______/% Year Three, August 18, 2016 through August 17, 2017 0011 41' Utility Vessel 100 hour engine service, estimated quantity: 3. $_________/each 100 hour generator service, estimated quantity: 3. $________/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0012 32' Survey Vessel 100 hour engine service, estimated quantity: 3. $_______/each 100 hour generator service, estimated quantity: 3. $_______/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0013 24' Rigid Hull Inflatable Boat Annual engine service, estimated quantity: 1. $_______/each Travelift Fee, $______/foot 0014 Composite Labor Rate, $______/hr 0015 Material handling fee, $______/% Year Four, August 18, 2017 through August 17, 2018 0016 41' Utility Vessel 100 hour engine service, estimated quantity: 3. $_________/each 100 hour generator service, estimated quantity: 3. $________/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0017 32' Survey Vessel 100 hour engine service, estimated quantity: 3. $_______/each 100 hour generator service, estimated quantity: 3. $_______/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0018 24' Rigid Hull Inflatable Boat Annual engine service, estimated quantity: 1. $_______/each Travelift Fee, $______/foot 0019 Composite Labor Rate, $______/hr 0020 Material handling fee, $______/% Year Five, August 18, 2018 through August 19, 2019 0021 41' Utility Vessel 100 hour engine service, estimated quantity: 3. $_________/each 100 hour generator service, estimated quantity: 3. $________/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0022 32' Survey Vessel 100 hour engine service, estimated quantity: 3. $_______/each 100 hour generator service, estimated quantity: 3. $_______/each Hull painting and zinc replacement, estimated quantity: 1. $________/each Travelift Fee, $______/foot 0023 24' Rigid Hull Inflatable Boat Annual engine service, estimated quantity: 1. $_______/each Travelift Fee, $______/foot 0024 Composite Labor Rate, $______/hr 0025 Material handling fee, $______/% The government anticipates awarding one or more five year Blanket Purchase Agreements (BPA) as a result of this RFQ. After award, the vendor will be asked to provide firm fixed prices for outboard repair and maintenance services based on the composite labor rate contained in the BPA. The SOW entitled, "Vessel Installation, Maintenance, and Repair Contract," is incorporated by reference and provided as an attachment to this RFQ. FAR and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. 1. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2014) Incorporated by reference and includes the following addenda: 2. CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 1301.602-170) 3. CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 1309.507-2) 4. CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 1309.507-2) 5. CAR 1352.233-70 AGENCY PROTESTS (APR 2011) {Fill-in paragraph "b": Department of Commerce, NOAA, ERAD, Attn: Christine Jeffries, 200 Granby Street, 8th Floor, Norfolk, VA 23510; fill-in paragraph "c": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} 6. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) The place of acceptance will be on board each vessel that receives service at a location that is to be determined. 7. CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) Ms. Cora Johnson is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: 1315 East West Highway SSMC 3 Room 14708 Silver Spring, MD 20910, e-mail:
contact@example.gov, phone:
+1 (555) 000-0000. (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) 8. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) The period of performance of this contract is from August 18, 2014 through August 17, 2019, or the date or award through 60 months, whichever is later. (End of clause) 9. CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR)- GROWTH WORK (APR 2010) (a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes-Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. The estimated quantity of labor hours and handling fees represent the Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule. (b) The contractor shall take into account the potential for ordering all estimated AIR quantities in developing the Production Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule: (1) No more than 75% of the hours during the first half of the contract period of performance. (2) No more than 50% of the hours during the third quarter of the contract period of performance. (3) No more than 30% of the hours during the fourth quarter of the contract period of performance. (c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include: (1) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging. (2) Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include: Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making). (d) Additional Item Requirements do not include replacement work performed pursuant to the Inspection and Manner of Doing Work or Guarantees clauses. (e) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause. (f) The contractor shall submit to the Contracting Officer the following information in all AIR proposals: (1) Number of labor hours estimated; broken down by specific direct production labor category. (2) Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided. (3) Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.Show citation box (4) Material/subcontractor handling fee and the basis for the fee. (g) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed. (End of clause) 10. CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010) (a) The contractor shall exercise reasonable care and use its best efforts to prevent accidents, injury or damage to all employees, persons and property, in and about the work, and to the vessel or part thereof upon which work is done. (b) The contractor shall be responsible for and make good at its own cost and expense any and all loss of or damage of whatsoever nature to the vessel (or part thereof), its equipment, movable stores and cargo, and Government-owned material and equipment for the repair, completion, alteration of or addition to the vessel in the possession of the contractor, whether at the plant or elsewhere, arising or growing out of the performance of the work, except where the contractor can affirmatively show that such loss or damage was due to causes beyond the contractor's control, was proximately caused by the fault or negligence of agents or employees of the Government, or which loss or damage the contractor by exercise of reasonable care was unable to prevent. However, the contractor shall not be responsible for any such loss or damage discovered after redelivery of the vessel unless the loss or damage is discovered within 90 days after redelivery of the vessel and loss or damage is affirmatively shown to be the result of the fault or negligence of the contractor. To induce the contractor to perform the work for the compensation provided, it is specifically agreed that the contractor's aggregate liability on account of loss of or damage to the vessel (or part thereof), its equipment, movable stores and cargo and Government-owned materials and equipment, shall in no event exceed the sum of $1,000,000.00. As to the contractor, the Government assumes the risk of loss or damage to the Government-owned vessel (or part thereof), its equipment, movable stores and cargo and said Government-owned materials and equipment in excess of $1,000,000.00. This assumption of risk includes but is not limited to loss or damage from negligence of whatsoever degree of the contractor's servants, employees, agents or subcontractors, but specifically excludes loss or damage from willful misconduct or lack of good faith on the part of contractor's personnel, who have supervision or direction of all or substantially all of the contractor's business, or all or substantially all of the contractor's operation at any one plant. However, as to such risk assumed and borne by the Government, the Government shall be subrogated to any claim, demand or cause of action against third persons which exists in favor of the contractor, and the contractor shall, if required, execute a formal assignment or transfer of claims, demands or causes of action. Nothing contained in this paragraph shall create or give rise to any right, privilege or power in any person except the contractor, nor shall any person (except the contractor) be or become entitled thereby to proceed directly against the Government, or join the Government as a co-defendant in any action against the contractor brought to determine the contractor's liability, or for any other purpose. (c) The contractor indemnifies and holds harmless the Government, its agencies and instrumentalities, and the vessel against all suits, actions, claims, costs or demands (including without limitation, suits, actions, claims, costs or demands resulting from death, personal injury and property damage) to which the Government, its agencies and instrumentalities, or the vessel may be subject or put by reason of damage or injury (including death) to the property or person of anyone other than the Government, its agencies, instrumentalities and personnel, or the vessel, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, its or their servants, agents or employees; provided that the contractor's obligation to indemnify under this paragraph (c) shall not exceed the sum of $1,000,000.00 on account of any one accident or occurrence in respect of any one vessel. Such indemnity shall include, without limitation, suits, actions, claims, costs or demands of any kind whatsoever, resulting from death, personal injury or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. Any new equipment warranties that extend beyond the 90 days after redelivery of the vessel shall be assigned to the Government upon redelivery of the vessel. With respect to any such suits, actions, claims, costs or demands resulting from death, personal injury or property damage occurring after the expiration of such period, the rights and liabilities of the Government and the contractor shall be as determined by other provisions of this contract and by law; provided that such indemnity shall apply to death occurring after such period which results from any personal injury received during the period covered by the contractor's indemnity as provided herein. (d) The contractor shall, at its own expense, procure, and thereafter maintain such casualty, accident and liability insurance, in such forms and amounts as may be approved by the Contracting Officer, insuring the performance of its obligations under paragraph (c) of this clause. In addition, the contractor shall at its own expense procure and thereafter maintain such ship repairer's legal liability insurance as may be necessary to insure the contractor against its liability as ship repairer in the amount of $1,000,000.00, or the value of the vessel as determined by the Contracting Officer, whichever is the lesser, with respect to each vessel on which work is performed. The contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies, however, at the discretion of the Contracting Officer, such insurance need not be procured whenever the job order requires work on parts of a vessel only and the work is to be performed at a plant other than the site of the vessel. Further, the contractor shall procure and maintain in force Worker's Compensation Insurance (or its equivalent) covering its employees engaged in the work and shall ensure the procurement and maintenance of such insurance by all subcontractors engaged in the work. The contractor shall provide evidence of insurance as required by the Government. (e) The contractor shall receive no allowance in the contract price for inclusion of any premium expense or charge for any reserve made on account of self-insurance for coverage against any risk assumed by the Government under this clause. (f) As soon as practicable after the occurrence of any loss or damage, the risk of which the Government has assumed, written notice of the damage shall be given by the contractor to the Contracting Officer. The notice shall contain full particulars of the loss or damage. If claim is made or suit is brought thereafter against the contractor as the result or because of such event, the contractor shall immediately deliver to the Government every demand, notice, summons or other process received by it or its representatives. The contractor shall cooperate with the Government, and, upon the Government's request, shall assist in effecting settlements, securing and giving evidence; obtaining the attendance of witnesses, and other assistance required in the conduct of suits. The Government shall pay to the contractor the expense, other than the cost of maintaining the contractor's usual organization, incurred in this assistance. Except at its own cost, the contractor shall not voluntarily make any payment, assume any obligation or incur any expense not imperative for the protection of the vessel or vessels at the time of the event. (End of clause) 11. CAR 1352.271-87 CHANGES- SHIP REPAIR (APR 2010) (a) The Contracting Officer may, at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following: (1) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications; (2) Method of shipment or packing; (3) Place of performance of the work; (4) Time of commencement or completion of the work; and (5) Other requirements within the general scope of the contract. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract accordingly. (c) The contractor must submit any proposal for adjustment under this clause within 5 days from the date of receipt of the written order. At the Contracting Officer's discretion, the 5-day period may be shortened. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the contractor's proposal includes the cost of property rendered obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from proceeding with the contract as changed. (End of clause) 12. CAR 1352.271-88 GUARANTEES (APR 2010) (a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within _90_ days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer. (b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the _90_day period until its expiration. (c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item. (d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs. (1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense. (2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract. (e) The contractor's liability shall only extend for an additional _90_ day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause. (f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition. In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract. (g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause. (End of clause) 13. CAR 1352.271-90 INSURANCE REQUIREMENTS (APR 2010) (a) The contractor shall procure and thereafter maintain the following insurance: (1) Ship contractor's legal liability insurance to insure the risks described in paragraph (b) of clause 1352.271-79. This insurance shall be for $1,000,000.00. (2) Comprehensive general liability insurance and automobile insurance to insure the risks described in paragraph (c) of clause 1352.271-79. This insurance shall be for $1,000,000.00 on account of any one accident or occurrence with respect to each vessel, boat, and/or barge upon which work is performed. The contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies. (3) Full coverage in accordance with the State Worker's Compensation law; and (4) Full coverage in accordance with the United States Longshoremen's and Harbor Worker's Act. (b) As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number to be provided at the time of award for repair/alteration of (name of vessel) in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (date) and that each such policy contains the following clause: "It is agreed that in the event of cancellation or any material change in the policy adversely affecting the interest of the Government in this insurance, 30 days prior written notice will be given to the Contracting Officer." (End of clause) 14. 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: Attn: Cora Johnson NOAA/NMFS Office of Habitat Conservation 1315 East West Highway 14th Floor Silver Spring, MD 20910 An electronic copy of invoices shall be submitted to the Contracting Office identified in this RFQ. Payment will be made by NOAA Finance Systems Admin Branch, 20020 Century Boulevard, Germantown, MD 20874. (End of clause) 15. COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for orders issued under this Blanket Purchase Agreement. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries; (2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits; (3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment; (4) all indirect costs such as overhead and general and administrative expense; (5) any port or association fees, rents, or other levies; (6) profit (fee); (7) all direct and indirect costs and profit associated with the following support functions: Supervision and Management Planning and Estimating Material Handling Housekeeping Engineering Quality Assurance (8) ALL consumables (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. (c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate. The Estimated Quantity represents the Government's best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. (End of Clause) End of Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDER-COMMERCIAL ITEMS (JUN 2014) (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)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (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. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 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). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) 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 7...