Wastewater Pretreatment Plant

Solicitation Number: BEP-RFP-13-0239 Notice Type: Combined Synopsis/Solicitation I. OVERVIEW This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13.5, Test Program for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is BEP-RFP-13-0239 and is issued as Request for Proposal (RFP). Under this requirement, the Bureau of Engraving and Printing (BEP) intends to award a commercial, Firm Fixed Price (FFP) and Cost Reimbursement (COST) Hybrid Contract. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58 including amendments effective May 18, 2012. This requirement is being set-aside as a Total Small Businesses Set- Aside under NAICS code 562211-Hazardous Waste Treatment and Disposal. Only qualified Offerors may submit responses. The small business size standard is $35,500,000.00. II. REQUIREMENT (1) This is a solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart(s) 12.6, as supplemented with additional information included in this notice. The following identifies specific Government requirements for the services requested under this contract, and defines the parameters of the scope of work that will be required by the contractor. (2) This solicitation is issued as a Request for Proposal (RFP), solicitation number BEP-RFP-13-0239, in accordance with FAR Part 13.5, and in accordance with provisions and clauses effective in Federal Acquisition Circular (FAC 2005-64 effective January 18, 2013. The North American Industry Classification System (NAICS) code is 562211, and the business size standard is $35.5M. (3) This proposed acquisition is a total small business set-aside. (4) The resulting contract will be fixed-price and cost reimbursement hybrid contract. (5) Applicable scope of objective is performance based on clauses, provisions, and wage determinations are attached. (6) To be eligible for award, the Offeror must register at https://www.sam.gov, and complete the Representatives and Certifications. (7) Period of Performance - This award will result in one (1) year base period with 1 twelve (12) month option period. (8) Submit electronic copies to Marissa Wright at marissa.wright@bep.gov and hard copies to Marissa Wright, Bureau of Engraving & Printing, 14th & C Streets, SW. Washington, DC 20228. (9) Proposals are due on or before 11:00AM EST 09 SEPTEMBER 2013. (10) Pricing should be submitted using the applicable Schedule B. (11) Proposals must be valid for ninety (90) days after due date. (12) Any amendment(s) issued to this RFP will be published on this website. Therefore, it the Offeror's responsibility to visit this website frequently for updates on this procurement. (13) In support of the referenced Request for Proposal (RFP), the Bureau of Engraving & Printing (BEP) will host a site visit which will be held as follows: Date & Time: Tuesday, 20 AUGUST 2013 AT 11:00 AM EST. Prospective contractors should arrive at the Processing Center at which time they will be given instructions on how to access the BEP and will be escorted to the meeting room. Location of Site Visit: Bureau of Engraving and Printing - Eastern Currency Facility 14th C Street SW Washington, DC 20228 Security: Prospective contractors will need to process through security once they arrive at the facility. Government issued photo ID will be required to gain access into the facility. Please plan to arrive at the facility at least thirty minutes before the site vist to allow for the security process. Contractors are required to notify Marissa Wright via email at Marissa.wright@bep.gov, with the names of the individuals (2 per company) who will attend the site visit. Notification must be sent prior to the visit by COB 15 AUGUST 2013. QUESTIONS REGARDING THE SITE VISIT ON 20 AUGUST 2015 ARE DUE BY 1:00PM EST ON 23 AUGUST 2013. The Plant requires operational support services on a 24x7x365 basis (Normal Business Hours). The purpose of this requirement is to obtain the necessary labor, equipment, tools, supplies, preventative maintenance, management, supervision and other such resources and services to operate in a safe, neat, clean, orderly effective and professional fashion for the BEPs plant as prescribed in the Performance Work Statement, (PWS). SCHEDULE B - CONTRACT LINE ITEM NUMBERS: CLIN Type Supplies or Service Unit Unit Price Max Amount 0001 FFP The Contractor shall provide Wastewater Pretreatment Plant Services as outlined in the PWS. 0002 COST ODC's for incidental supplies, parts, and materals shall only be paid when authorized by the Government. 0003 FFP Option Period 1: The Contractor shall provide Wastewater Pretreatment Plant Services as outlined in the PWS. 0004 COST Option Period 1: ODC's for incidental supplies, parts, and materals shall only be paid when authorized by the Government. DELIVERIES OR PERFORMANCE CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS 0001 POP 01-OCT-2013 TO 30-SEPT-2014 N/A DEPARTMENT OF THE TREASURY BUREAU OF ENGRAVING AND PRINTING DISTRICT OF COLUMBIA, DC 20228 FOB: Destination 0002 POP 01-OCT-2013 TO 30-SEPT-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination 0003 POP 01-OCT-2014 TO 30-SEPT-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination 0004 POP 01-OCT-2014 TO 30-SEPT-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination III. INSTRUCTION: Proposal Submission A. To ensure timely and equitable evaluation of proposals, offerors must follow the instruction contained herein. Offeror proposals must be complete, sufficient and respond directly to the requirements of this solicitation. It will be the sole responsibility of the offeror to ensure that its proposal is received by the Government at the stated deadline date and time. The offeror's proposed price must be in U.S. Dollars. B. SPECIFIC INSTRUCTIONS: 1. The offeror's proposal may be submitted by email (a) Technical Proposal, and (b) a Price Proposal, using the incorporated Scheduled B, in response to this solicitation. The proposal package and contents therein must be properly tabbed, organized and legible. 2. Offerors are responsible for submitting signed and dated proposals; any modifications, revisions or withdrawals thereto; and, acknowledgement of any solicitation amendments to the Government contracting office designated in the solicitation by the time specified in the solicitation at or before the exact time specified in this solicitation. 3. Proposals that fail to include required information or reject the terms and conditions of the solicitation may be excluded from consideration. 4. Offerors agree to hold firm the prices in its offer for 90 calendar days from the deadline date specified in the solicitation for receipt of offers. 5. Below are the submittal requirements that must be included in the offeror's proposal package. Factor 1: Technical Approach (Maximum of 30 Pages): Technical Approach including phase-in: Offeror shall discuss their overall approach to being able to satisfy the requirements of this RFP. Offeror shall demonstrate their value proposition to being able to provide for the requirements of this RFP in a highly consistent, technically competent and process oriented level. The offeror shall also describe any unique technical processes the offeror will offer/bring to the BEP. The technical approach shall discuss and describe realistic approaches that are sound and easily understandable in demonstrating the level of the Offeror's ability to perform the work being proposed. If applicable, the offeror shall address any Phase-In period of the contract in order to ensure a proper, orderly, smooth and successful transition of work from one contractor to another. At a minimum Offerors shall discuss and describe with their proposed technical approach based on the following; i. Providing the resources, specifically the Tools and Equipment, Materials and labor to support the work. ii. Providing the necessary management to perform this effort. For example,; corporate management, program/technical management, contract administration management, quality control management, Phase-In/ Phase-Out management, management information systems and subcontract management. iii. Providing support during contingencies, emergencies and instances concerning personnel illnesses, vacations, etc. For example, one individual would cover another during such instances. iv. Evaluating, selecting, procuring, scheduling, maintaining and stocking any Materials that would be used in supporting the work. Sub-Factor 1: Qualifications of Personnel and Staffing Plan: The Government will evaluate the Offeror's personnel qualifications and capabilities by proposed personnel and job descriptions. Offeror shall provide detailed information for personnel. Information provided shall be limited to experiences, training, and education. Offerors shall provide the following; a. Resumes for all personnel fulfilling the position(s) of Key personnel as defined in Section 4.0 of Attachment 2 of this RFP. Resumes shall be no longer than three (3) pages in length and include at a minimum information on an individual's qualifications and work experience (including names of employers and dates) as well as any other pertinent information to provide the Government the ability to appropriately evaluate the resume. However, where resumes are unavailable Offerors shall submit a signed Letter of Intent (LOI) for the proposed individual, indicating that the individual will perform this effort on behalf of the Offeror upon award of the contract. The LOI shall contain at a minimum; the proposed position that the individual would be fulfilling and a brief summary of any other pertinent information (i.e. education, background, qualifications) to provide the Government the ability to appropriately evaluate the individual proposed. b. For all other proposed roles (refer to the defined roles in Attachment 1 Section 5.2 for details), a job description of each role outlining their primary function(s) and responsibilities as well as including the minimum qualifications (i.e. years of experience, educational, certification level, capabilities) that individuals performing the role must meet. c. In regards to providing the labor because it is the responsibility of an Offeror to determine how this effort is to be staffed, including determining what roles to use, how many individuals are needed within those roles and the full extent of their responsibilities (refer to the defined roles in Attachment 1 Section 5.2 for details) Offerors shall provide the following; i. A proposed work week schedule showing all positions being proposed. This work week schedule shall show each proposed role and its corresponding shift (e.g. day or night) and hours (e.g. 8:00 am through 5:00 pm) being performed. Notes: #1 If an Offeror knows the name of an individual performing a specific role the name of that individual shall be included in the work week schedule. #2 Indicate where individuals are filling multiple roles. Sub-Factor 2: Quality Approach: The Government will evaluate the Offerors quality approach to successfully perform this effort. The quality approach shall clearly describe the Offeror's techniques, processes and methods to be used to achieve, maintain and control, and further improve upon the quality throughout performance of this effort. This section shall address at a minimum the following areas; a. How the Offeror will identify and correct deficiencies in performance, b. Respond to issues and take corrective actions to resolve them, c. How documentation and records will be properly controlled and maintained, d. The inspection techniques that will be used to ensure services are in line with applicable regulations (e.g. Vehicles inspections) and performance standards (e.g. non-emergency response times), e. The quality systems and standards the Offeror has established which will be used in support of this effort. Factor 2: Past Performance References (Maximum of 10 Pages): The offeror shall provide a total of three (3) references for work as the prime or as a subcontractor in the last 3 years that are the same or similar in nature or scope to the PWS requirements set forth herein. We will also accept past performance information on contracts you have had when you acted as a subcontractor, part of a team under a contracting teaming arrangement, and contracts you have had under a previous company name(s). Commercial experience is acceptable insofar as it is recent, relevant and referenceable. The Offeror must provide a list of at least three (3) contracts and/or projects, completed within the last five (5) years, or that are presently being accomplished, by the offeror that are the same or similar in nature or scope to the PWS requirements set forth herein. The offeror must describe the nature and scope of the contracts/projects and include dates of performance as well as the dollar value of the contracts/projects. The following information, if applicable, must be provided: a. Name of client b. Contract Title/Number c. Period of Performance d. Approximate dollar value of the contract e. Brief description of the overall goal of the contract f. Brief summary of the Offeror's success in reaching the stated goal Factor 3: Price Offerors shall complete the Schedule of Supplies/Services table provided in Section B. Offerors must quote prices for all service line items, including all options, in order to be considered for award All pricing shall be inclusive of all Offeror's direct costs (labor, training, and travel), indirect costs, and profit. IV. EVALUATION & AWARD The Government will award a FFP type contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Proposals will be evaluated in accordance with FAR 12.602. The Government intends to evaluate offers and award a contract without discussion with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. Technical Evaluation Factors Factor 1: Technical Approach - The Government will evaluate the Offeror's proposal to ascertain how well your firm understands the requirements and has the ability to satisfy the Government's needs. Technical Approach including phase-in: The Government will evaluate the offeror's proposed approach to being able to satisfy the requirements of this RFP. The Government will evaluate the offeror's ability to demonstrate their value proposition to being able to provide for the requirements of this RFP in a highly consistent, technically competent and process oriented level and any unique technical processes the offeror will offer/bring to the BEP. The Government will also evaluate the offeror's ability to discuss and describe realistic approaches that are sound and easily understandable in demonstrating the level of the Offeror's ability to perform the work being proposed. The Government will evaluate the offeror's ability to address any Phase-In period of the contract in order to ensure a proper, orderly, smooth and successful transition of work from one contractor to another. The Government will evaluate the offeror's ability to: i. Provide resources, specifically the Tools and Equipment, Materials and labor to support the work. ii. Provide the necessary management to perform this effort. For example,; corporate management, program/technical management, contract administration management, quality control management, Phase-In/ Phase-Out management, management information systems and subcontract management. iii. Provide support during contingencies, emergencies and instances concerning personnel illnesses, vacations, etc. For example, one individual would cover another during such instances. iv. Evaluate, select, procure, schedule, maintain and stock any Materials that would be used in supporting the work. Sub-Factor 1: Qualifications of Personnel and Staffing Plan: The Government will evaluate the Offeror's personnel qualifications and capabilities by proposed personnel and job descriptions. The Government will evaluate the offeror's resumes and/ or LOI for all proposed personnel fulfilling the position(s) of Key personnel as defined in Section 4.0 of Attachment 2 of this RFP. The Government will evaluate all other proposed roles (refer to the defined roles in Attachment 1 Section 5.2 for details), the job description of each role outlining their primary function(s) and responsibilities as well as including the minimum qualifications (i.e. years of experience, educational, certification level, capabilities) that individuals performing the role must meet. The Government will evaluate the offeror's proposed staffing plan including determining what roles to use, how many individuals are needed within those roles and the full extent of their responsibilities (refer to the defined roles in Attachment 1 Section 5.2 for details). The Government will also evaluate the offeror's proposed work week schedule showing all positions being proposed. Sub-Factor 2: Quality Approach: The Government will evaluate the Offerors quality approach to successfully perform this effort. The Government will evaluate the offeror's Offeror's techniques, processes and methods to be used to achieve, maintain and control, and further improve upon the quality throughout performance of this effort. The government will evaluate: a. How the offeror will identify and correct deficiencies in performance, b. Respond to issues and take corrective actions to resolve them, c. How documentation and records will be properly controlled and maintained, d. The inspection techniques that will be used to ensure services are in line with applicable regulations (e.g. Vehicles inspections) and performance standards (e.g. non-emergency response times), e. The quality systems and standards the Offeror has established which will be used in support of this effort. FACTOR 2: Past Performance and Experience The Government will conduct a past performance assessment based on at least three (3) contracts and/or projects, completed within the last five (5) years, or that are presently being accomplished, by the offeror that are the same or similar in nature or scope to the PWS requirements set forth herein. FACTOR 3: Price The Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options to ensure that pricing is not unbalanced. Price will be evaluated for accuracy, completeness and reasonableness using techniques in FAR 12.209. No adjectival ratings will be used to evaluate price. V. TERMS AND CONDITIONS 1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force andeffect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far 2. 52.202-1 DEFINITIONS (JULY 2004) 3. 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 4. 52.203-7 ANTI KICKBACK PROCEDURES (OCT 2010). 5. 52.204-2 SECURITY REQUIREMENTS (AUG 1996) 6. 52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. 7. 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) 8. 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 9. 52.233-1 DISPUTES (DEC 1991) 10. 52.233-3 PROTEST AFTER AWARD (AUG 1996) 11. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 12. 52.243-4 CHANGES (JUNE 2007) 13. 52.243-3 CHANGES - TIME AND MATERIALS/ LABOR HOURS ( SEPT 2000) 14. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) 15. 52.223-3 Alt 1 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JUL 1995) 16. 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG 2003) 17. 52.223-5 Alt 1 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG 2003) 18. 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000) 19. 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 20. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 21. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 22. 52.245-9 USE AND CHARGES (JUN 2007) 23. 52.247-35 F.O. B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) 24. 52.248-1 VALUE ENGINEERING (FEB 2000) 25. 52.245-1 GOVERNMENT PROPERTY (JUN 2007) 26. 52.245-1 ALT 1 GOVERNMENT PROPERTY (JUN 2007) 27. 52.246-6 INSPECTION-TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001) 28. 52.246-24 LIMITATION OF LIABILITY-HIGH-VALUE ITEMS ALTERNATE I (APR 1984). 29. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT) (FIXED-PRICE) (APR 2012) 30. 52.249-14 EXCUSABLE DELAYS (APR 1984) 31. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 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: ___ (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). _X_ (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)). _X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). _X_ (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). _X_ (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] _X_ (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. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-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. 657 f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X _ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X _ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (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. _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 (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 (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (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). _X_ (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.] _X_ (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.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (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.). _X_ (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 fi...